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Home My WebLink About04/19/2010 QlJ!iJlglOn GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: April 19, 2010 9:30 A.M. COUNCIL CHAMBERS TIME: PLACE: 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Minutes of a Regular Meeting of March 29, 2010 401 5. PRESENTATIONS (a) Christine Fahey, Director, Port Hope Area Initiative Management Office, Regarding an Update on the Port Granby Project (b) Eha Naylor, The ENVision Group, Regarding Report PSD-051-10, Regarding the Port Granby Project Report of the End Use Advisory Committee (c) Jennifer Cooke, Manager Communications & Tourism, and Adam Labijak, Web Technician, Regarding the New Look for the Municipal Website 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) 601 (a) Chuck MacDonald, West Beach Cottagers Association, Regarding Report PSD-050-10 Regarding West Beach Cottagers (b) Ross Smith, Regarding Report PSD-050-10, West Beach Cottagers (c) Sharon Eccles, Regarding Report PSD-050-1 0, West Beach Cottagers (d) Dr. Ted Bounsall, Regarding Report PSD-050-10, West Beach Cottagers (e) Glen Genge, D.G. Biddle & Associates, Regarding Report PSD-049-10 to Permit the Construction of a Golf Driving Range and Accessory Uses CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1 C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - April 19, 2010 (f) Ken Bromley, Regarding Report PSD-052-1 0, Regarding the Appeal of Zoning By-Law Amendment, Applicant: Green Martin Holdings Ltd. (g) Bob Kreasul, Regarding Report PSD-042-1 0, Regarding Dredging - Bowmanville and Newcastle (Bond head) Municipal Boat Launches 7. PUBLIC MEETINGS No Public Meetings 8. PLANNING SERVICES DEPARTMENT (a) PSD-049-10 To Permit the Construction of a Golf Driving Range and 801 Accessory Uses (b) PSD-050-10 Offer of Compensation to Cottage Owners Respecting the 817 Expropriation of the West Beach Lands for Bowmanville Waterfront District Park (Confidential Attachment #8 Distributed Under Separate Cover) (c) PSD-051-10 Port Granby Project 842 Report of the End Use Advisory Committee (Attachment #6 Distributed Under Separate Cover) (d) PSD-052-10 Appeal of Zoning By-Law Amendment 858 Applicant: Green Martin Holdings Ltd. (e) PSD-053-10 Monitoring of the Decisions of the 871 Committee of Adjustment for the Meeting of April 8, 2010 (f) PSD-054-10 Sale of Surplus Property - 182, 186, 190, 194 George 882 Reynolds Drive, Former Trulls Road Fire Station Site 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-011-10 Execution of Agreement with the Region of Durham Health 901 Department to Delegate Responsibility for Administration and Enforcement in Respect to Sewage Systems (b) EGD-014-10 Monthly Report on Building Permit Activity for 914 March, 2010 (c) EGD-015-10 Jane Street Road Reconstruction & Flett Street Pavement 920 Rehabilitation - Public Information Centre G.P. & A. Agenda - 3 - April 19, 2010 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT (a) CSD-003-10 Fragrance Free Recreation Facilities 1201 (b) CSD-004-10 Community Grant Request - Orono Amateur Athletic 1205 Association (c) CSD-005-10 Community Grant Request - Newcastle Santa Claus 1208 Parade 13. MUNICIPAL CLERK'S DEPARTMENT No Reports 14. CORPORATE SERVICES DEPARTMENT (a) COD-012-10 Tender CL201 0-12 - Supply & Delivery of One (1) 1401 Hydraulic Excavator (b) COD-013-10 Clarington.net Newsletters 1405 15. FINANCE DEPARTMENT (a) FND-008-10 Report on Revenue Sensitive to Economic Conditions - 1501 January to March 2010 (b) FND-009-10 Tax Office - Change of Ownership Fee 1507 16. SOLICITOR'S DEPARTMENT No Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports G.P. & A. Agenda - 4 - April 19, 2010 18. UNFINISHED BUSINESS (a) PSD-042-10 Dredging - Bowmanville and Newcastle (Bond head) 1801 Municipal Boat Launches [Tabled on March 29, 2010 GPA Meeting] 19. OTHER BUSINESS 20. COMMUNICATIONS 21. CONFIDENTIAL REPORTS 22. ADJOURNMENT ClW:fflglOn General Purpose and Administration Committee Minutes March 29, 2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, March 29, 2010 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Abernethy (until 2:28 p.m.) Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu (until 2:28 p.m.) Internal Auditor, L. Barta (entered meeting at 2:44 p.m.) Manager of Transportation & Design, L. Benson Deputy Chief, M. Berney Director of Community Services, J. Caruana Acting Director of Planning Services, F. Langmaid Director of Corporate Services & Human Resources, M. Marano Director of Finance, N. Taylor (until 2:44 p.m.) Deputy Clerk, A. Greentree Clerk II, J. Gallagher Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Foster announced the upcoming Second Marsh Social on April 22, 2010. This event includes a dinner and silent auction and will be honouring Gary Polonsky. Councillor Novak announced that she attended the Clarington Older Adults Annual General Meeting on Friday, March 26, 2010, when they elected their new Board of Directors. - 1 - 401 General Purpose and Administration Committee Minutes March 29, 2010 Councillor Hooper announced that the Bowmanville Eagles are in the Championship Series. They play tomorrow at 7:00 p.m. at the Garnet B. Rickard Arena. ALTER AGENDA Resolution #GPA-201-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the agenda be altered to add correspondence from Brian Early, regarding the proposed zoning amendments 2009-0022 and draft plan of subdivision (Report PSD-038-10), under the Communications section. CARRIED MINUTES Resolution #GPA-202-1 0 Moved by Councillor Robinson, seconded by Councillor Woo THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on March 8, 2010, be approved. CARRIED PRESENTATIONS PAM LANCASTER, STEWARDSHIP TECHNICIAN, GANARASKA REGION CONSERVATION AUTHORITY, REGARDING WATERSHED PLANS Pam Lancaster, StewardshipTechnician from the Ganaraska Region Conservation Authority, made a verbal and PowerPoint presentation to the Committee regarding watershed plans. She explained that a watershed plan is a management document that outlines recommended actions to manage, protect and enhance the features and functions of a watershed. Ms. Lancaster noted that the recommendations are based on scientific information and community input, but that this is a guideline only. She stated that, under the Oak Ridges Moraine Conservation Plan, watershed plans are required and shall be incorporated into the municipality's official plans or other policy documents. Ms. Lancaster added that, the Conservation Authorities are primarily the organizations writing the plans because of their long scientific research on the watersheds in question. She noted that they have been working on four watershed plans (Wilmot Creek, Ganaraska River, Graham Creek, and the Lovekin Creek, Bouchette Point Creek and Port Granby Creek). She explained that the process steps include: a plan, implementation, monitoring and reporting, review and evaluation. Ms. Lancaster explained that these living documents are reviewed approximately every 5 to 10 years. - 2 - 402 General Purpose and Administration Committee Minutes March 29, 2010 years. She provided the Committee with information regarding each of the detailed steps: preparation of background reports which focus on protection and preservation, development of the watershed plan, consultation, implementation, monitoring, and reporting. Ms. Lancaster discussed the components of the plan. She indicated that the next step will be to forward the watershed plans to municipal staff, to be followed by endorsement by CounciL ROB MESSERVEY, CHIEF ADMINISTRATIVE OFFICER, KAWARTHA REGION CONSERVATION AUTHORITY, REGARDING THE LAKE SCUGOG ENVIRONMENTAL MANAGEMENT PLAN Rob Messervey, Chief Administrative Officer from the Kawartha Region Conservation Authority, made a verbal and PowerPoint presentation to the Committee regarding the Lake Scugog Environmental Management Plan (LSEMP). He was present to provide an overview of the Plan to the Committee, which is part of a series of presentations to the local municipalities. Mr. Messervey noted that there are several aspects of Lake Scugog which makes it important to the residents. Mr. Messervey noted that erosion, run-off, septic systems and sewage discharges, agricultural practices, and recreational uses are issues for Lake Scugog. He provided the Committee with the history of the LSEMP, including background on the Project Steering Committee. Mr. Messervey stated that the goal is to ensure the long-term environmental and social sustainability of Lake Scugog and its resources. He outlined the monitoring process. Mr. Messervey reviewed the following key findings of the study, which include phosphorous and aquatic plant growth and a requirement for a 3.4 tonne reduction in phosphorous. He reviewed a graph showing the sources of phosphorous, in particular urban runoff (18.2%), agricultural runoff (23.5%), and septic systems (9.7%). Mr. Messervey explained the six key strategies to reduce phosphorous output, with 35 action strategies. He mentioned that implementation of the plan has already begun. Mr. Messervey stated that there have been many consultations and peer reviews of the Plan in the area. SHEILA HALL, EXECUTIVE DIRECTOR, CLARINGTON BOARD OF TRADE, REGARDING QUARTERLY ECONOMIC DEVELOPMENT UPDATE Sheila Hall, Executive Director, addressed the Committee regarding an Economic Update from the Clarington Board of Trade (CBOT). She made a verbal presentation accompanied by a PowerPoint presentation. Ms. Hall informed the Committee that the activity remains constant and encouraging. She presented the Committee with a summary showing the economic development activities, including: calls handled, emails handled, meetings with existing businesses, meetings with prospective business, regional leads, business expansion/inquiries and moves, new jobs created, vacant land inquiries, and vacant space inquiries. Ms. Hall relayed an anecdote about a local manufacturing company who is currently expanding in Mexico. She stated that there have been 26 new businesses and a minimum of 193 new jobs created within Clarington. Ms. Hall noted that the CBOT is encouraged by the short vacancy time in - 3 - 403 General Purpose and Administration Committee Minutes March 29, 2010 units in the downtown cores. She stated that there is a trend for businesses to use existing buildings rather than to build new buildings. She provided the Committee with a list of the local businesses that have recently created jobs, as well as those that were relocated or closed. She updated the Committee regarding the CBOT's booth at the Canadian Nuclear Association Conference held February 24-26, 2010 in Ottawa. Ms. Hall stated that there was good attendance (minimum of 775 attendees, 58 booths) and that they received a list of qualified contacts for follow up. Ms. Hall stated that there is a strong list of supply chain companies that are interested in locating in this area. She informed the Committee that the CBOT joined the Durham Strategic Energy Alliance and the Regional Economic Development at the Globe 2010 Vancouver Conference March 23-26, 2010; the largest and longest running event of its kind. Eight local companies also were in attendance at the Globe Conference for meetings and contacts. Ms. Hall updated the Committee on the business growth activities that are being undertaken by the CBOT (Le. inaugural Manufacturer's Roundtable, Annual General Meeting, 2nd Annual Energy Summit, Shop Local, Simply Socials, Lunch and Learns, Clarington Farmers' Market, Clarington Marketing Minds, and the potential for Provincial Real Estate Day at Mosport.) Ms. Hall updated the Committee on the Bennett Road development (GammaDyna Care is now operational and discussions with Healthcare/Academia continue). She noted that all five promotional videos are now completed, with a preview happening at the April 22nd Annual General Meeting. Ms. Hall also provided the Committee with an update on physician recruitment. She noted that there are two doctors and an internist coming soon. Ms. Hall updated the Committee on the "underserviced status", with regard to doctors, from the province. She noted that Clarington will no longer be considered underserviced and thus will not see grants available, however we will still be able to recruit immigrant medical doctors. RECESS Resolution #GPA-203-1 0 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Committee recess for a 10 minute break until 11 :00 a.m. CARRIED The meeting resumed at 11 :00 a.m. Councillor Trim left the meeting at 11 :02 a.m. - 4 - 404 General Purpose and Administration Committee Minutes March 29, 2010 DELEGATIONS Dominick Forsellino was present to discuss Report CLD-008-1 0, regarding the Municipality appointing him as a private parking officer. Mr. Forsellino was present to discuss the property at 58 King Street West, which is owned by his uncle and which he manages. He noted that their tenants have recently complained that there is a problem with parking for the tenants and their customers. Mr. Forsellino went on to state that the parking lot is being used by others in the downtown core. He asked that the Committee appoint him as a private parking officer for 58 King Street West. He confirmed that there have been problems with deliveries to the adjacent property, Rose's. To ensure fairness, he confirmed that they are not willing to lease any spaces to any area businesses. Mr. Forsellino also confirmed that the possibility of installing a parking arm for the parking lot is being explored. Rose Turner was called, but was not present. Ingrid Hill, owner of 191 Church Street, was present to discuss Report CLD-008-1 0, regarding the appointment of a private parking officer. Ms. Hill was in support of the appointment of Mr. Forsellino as a private parking officer. She explained that she had previously owned 58 King Street West until it was severed from 191 Church Street. Ms. Hill indicated that there are 37 cars dedicated to employees ()f her tenants and she only has 50 parking spots. She stated that she is grateful to Mr. Forsellino for assisting in the parking situation on her parking lot as well as 58 King Street West. Ms. Hill stated that this is a temporary solution until a long-term solution is found. She noted that the problem becomes worse when downtown festivals are held in Bowmanville. Dr. Boris Kostiuk was present to discuss Report PSD-036-1 0, regarding the proposal to rezone residential and limited commercial properties to permit the construction of a new retail commercial building. He thanked Councillor Robinson for taking the time to listen to his concerns. Dr. Kostiuk also noted that he had met with the developer to discuss setback and drainage problems, and while two of his concerns have been met, he asked that the wording in attachment #2 of Report PSD-036-1 0 be changed from zero to 1.25 metres for the setback. Barry Morrison, B.J. Morrison & Associates was called, but was not present. David Taras, F&I Gateway Investments, was present to discuss Report PSD-036-1 0, regarding the proposal to rezone residential and limited commercial properties to permit the construction of a new retail commercial building. He stated that the applicant has read the Planning Report and is in agreement with the recommendations. Mr. Taras confirmed that discussions with Dr. Kostiuk have been going well. He stated that he is in agreement with Planning in keeping the setback at zero metres because it has not been confirmed whether it will be 1.23 or 1.25 metres, so flexibility is required. - 5 - 405 General Purpose and Administration Committee Minutes March 29, 2010 Barry Johnson, B.J.C. Architects Inc., was called, but was not present. Bob Kreasul was present to discuss Report PSD-042-10, regarding the dredging of Bowmanville and Newcastle (Bond head) municipal boat launches. Mr. Kreasul noted that he had previously sent a letter to Council regarding the matter. He stated that he has performed an informal calculation and has concluded that the economic impact of the harbour is conservatively $1.92 million per year, in particular for charter boats. Mr. Kreasul stated that other municipalities have improved their waterfront as part of their acknowledgement of the economic impact of the harbour. He concluded that the municipality needs to support the harbour. Bob Currie was present to discuss Report PSD-042-10, regarding the dredging of Bowmanville and Newcastle (Bond head) municipal boat launches. Mr. Currie was present representing Port Darlington Marina. He emphasized the economic impact of the boat launch. Mr. Currie noted that there are 50-200 vehicles using the boat launch each day during the high season with more than 50% being fishermen. He noted that there is a minimum of two persons per car. He estimated that, conservatively, $50,000 could be brought in by charging a $10 launching fee. Mr. Currie stated that there are approximately 240 people per day that use his facility, who are spending a minimum of $75 each in our community. He confirmed that if the launch was not maintained, the boats would move to another municipality. Allison Woollacott, Manager Port of Newcastle Marina, was present to discuss Report PSD-042-10, regarding the dredging of Bowmanville and Newcastle (Bond head) municipal boat launches. Ms. Woollacott stated that she is concerned about the low water levels in Lake Ontario. She stated that her marina has dredged for the last 12 years and has spent between $40,000 and $80,000 yearly for dredging. Ms. Woollacott informed the Committee that the water levels have dropped tremendously in the past five years. She stated that she has had to advise some patrons to move their boats because of the low levels. Ms. Woollacott stated that she is no longer accepting new boats that have a draft of more than five feet. She stated that there is a window between April 30 and June 30 where they are not allowed to dredge due to spawning concerns. Ms. Woollacott informed the Committee that her company is running out of space to place the silt. She stated that last year they had performed "suction dredging" and as a result they had to cancel garden wedding bookings. Ms. Woollacott concluded that the figure of $5000 for dredging is incorrect. She requested that if the Municipality is going to assist the Bowmanville area with funding that they also assist the Newcastle Bondhead area. Emily Pillinger, was present to discuss Report CLD-004-10, regarding urban "backyard" chicken farming. Referring to the Report, Ms. Pillinger stated that she is concerned about the statement regarding the ability to obtain organic eggs. She stated that she is concerned about the non-organic egg farming practices. Ms. Pillinger stated that the organic eggs cost three times the price and the farming practices are only slightly better - 6 - 406 General Purpose and Administration Committee Minutes March 29, 2010 r than non-organic eggs. She stated that there are few farms in Clarington that produce truly organic eggs. Ms. Pillinger is interested in having three chickens in her backyard for a much lower cost and better quality. She stated that avian flu is not spread through chickens and produce less waste than large dogs. Ms. Pillinger stated that the work load of Animal Services would actually decrease if they allowed backyard chickens. She informed the Committee that any farmer that has less than 90 chickens are not regulated, she went on to state that therefore there is no concern about backyard chicken farming in this regard. Ms. Pillinger stated that she is concerned about the comments of EFO, which would perceive backyard chicken farming as competition. She requests the right to provide food to her family. Belinda Helmer, Wiggers Custom Yachts, was present to discuss Report PSD-042-10, regarding the dredging of the Bowmanville and Newcastle (Bondhead) municipal boat launches. Ms. Helmer stated that her company dredges the creek every year. She stated that they can accommodate up to 65 foot boats. Ms. Helmer stated that these boats have large crews and have a positive economic impact in our community. She stated that the Municipality benefits from the dredging currently being done by private businesses, without compensating the businesses. Ms. Helmer concluded that this is a municipal problem, not a harbour problem. Nick Mensink, Sernas Associates, was present to discuss Report PSD-039-1 0, regarding the environmental impact study, proposed official plan amendment, proposed rezoning and proposed draft plan of subdivision to permit the development of 55 residential units. Mr. Mensink stated that he had no comments and was present if there are any questions regarding the Report. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Applicant: Report: Application to Amend the Zoning By-law 84-63 W. Daniell, E. Daniell and Green Martin Holdings Ltd. PSD-038-10 Carlo Pellerin, Manager of Development Review, made a verbal and PowerPoint presentation to the Committee regarding the application. Mr. Dana Thomas spoke in opposition to the application. He stated that he is an area resident. Mr. Thomas has a concern about the higher density homes that are being proposed, in particular the semi-detached homes. He stated that he believes that the increase in the number of houses will increase service costs such as snow removal, garbage pickup and sidewalks. Mr. Thomas stated that he is concerned about traffic volume and decreased property value. He asked that there be a temporary access off Green Road, for construction, but not a permanent thoroughfare. Mr. Thomas indicated - 7 - 407 General Purpose and Administration Committee Minutes March 29, 2010 that he is concerned about safety of bussing of children to the elementary schools. He stated that he is concerned about the safety of pedestrians as a result of the increased traffic. Mr. Thomas presented a petition as well as correspondence from area residents. Mr. Randy Nixon spoke in opposition to the application. He stated that he has been an area resident for 12 years and presented a petition from area residents that are opposed to the application. Mr. Nixon stated that he was aware that this area was scheduled for future development, but that he is concerned with the moving of the road allowances to the west. He stated that he is concerned about the 73 foot lots and the proposed semi-detached houses. Mr. Nixon informed the Committee that he had purchased his home with the knowledge that the future development would be of the same types and size of detached homes. He stated that he is concerned about the impact of this application on the current home owners. Mr. Gregg Pyatt spoke in opposition to the application. He stated that he is an area resident and is concerned about the possibility of an eyesore of the property in the middle of the development that will not be suitable for any other use. Mr. Dave Caughell spoke in opposition to the application. He stated that he has been an area resident for nine years. Mr. Caughell stated that he is concerned about the current traffic and even more concerned about the added traffic that this development will create. He stated that he would like to see the property turned into a park. No one spoke in support of the application. Mr. Kelvin Whalen was present to represent Green Martin Holdings. He stated that his client is committed to addressing the concerns of the residents. Mr. Whalen stated that he is available to answer questions. RECESS Resolution #GPA-204-1 0 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the Committee recess for a 45 minute break until 1 :35 p.m. CARRIED The meeting resumed at 1 :44 p.m. - 8 - 408 General Purpose and Administration Committee Minutes March 29, 2010 PLANNING SERVICES DEPARTMENT PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 32 RESIDENTIAL UNITS APPLICANTS: WILLIAM DANIELL, ELIZABETH DANIELL AND GREEN MARTIN HOLDINGS LTD. Resolution #GPA-205-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-038-10 be received; THAT the application for proposed Plan of Subdivision S-C-2009-0002 and Zoning By- law Amendment ZBA 2009-0022 submitted by William Daniell, Elizabeth Daniell and Green Martin Holdings Ltd. continue to be processed including consideration of comments received at the Public Meeting; and THAT all interested parties listed in Report PSD-038-10 and any delegation be advised of Council's decision. CARRIED APPLICATION TO REZONE RESIDENTIAL AND LIMITED COMMERCIAL PROPERTIES TO PERMIT THE CONSTRUCTION OF A NEW RETAIL COMMERCIAL BUILDING Resolution #GPA-206-1 0 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report PSD-036-10 be received; THAT the rezoning application submitted by F & I Gateway Investments Inc., to permit the construction of a retail commercial establishment be approved with a 'Holding (H) Symbol' and that the By-law contained in Attachment 2 to Report PSD-036-1 0 be passed; THAT a future report will be forwarded to Council to lift the 'Holding (H) Symbol' at such time as the outstanding taxes for the subject property have been paid and the Site Plan meets the requirements of the urban design criteria contained in Section 10.7 of Report PSD-036-10; and - 9 - 409 General Purpose and Administration Committee Minutes March 29, 2010 THAT all interested parties listed in Report PSD-036-1 0 and any delegations be advised of Council's decision. CARRIED ENVIRONMENTAL IMPACT STUDY, PROPOSED OFFICIAL PLAN AMENDMENT, PROPOSED REZONING AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 55 RESIDENTIAL UNITS APPLICANT: COURTICE WOODS INC. Resolution #GPA-207-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-039-10 be received; THAT as the revisions to the layout of the proposed draft plan since the 2006 Public Meeting were made in response to comments from circulated agencies, municipal staff, and the completion of the Environmental Impact Study which included an open house meeting, a further public meeting for the subject applications is unnecessary; THAT Amendment No. 71 to the Clarington Official Plan as submitted by Courtice Woods Inc. to delete the Public Elementary School and Medium Density Residential symbols; amend the population allocation for the Worden Neighbourhood on Map H1; and decrease the housing target for the Worden Neighbourhood in Table 9-2 as contained in Attachment 4, of Report PSD-039-1 0, be adopted and the By-law contained in Attachment 5 of Report PSD-039-10 be passed; THAT the application for the proposed Draft Plan of Subdivision, submitted by Courtice Woods Inc. to permit the development of 55 residential units be approved, subject to the conditions contained in Attachment 6, of Report PSD-039-10; THAT the Zoning By-law Amendment application submitted by Courtice Woods Inc. be approved as contained in Attachment 7, of Report PSD-039-10; THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2003-001 and the Municipality of Clarington be approved as contained in Attachment 8, of Report PSD-039-10; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-039-1 0 and Council's decision; THAT all interested parties listed in Report PSD-039-10 and any delegations be advised of Council's decision; and - 10- 410 General Purpose and Administration Committee Minutes March 29, 2010 THAT John Farrell be thanked for his effort and time as an area representative on the Environmental Impact Study Steering Committee. CARRIED APPEAL TO THE ONTARIO MUNICIPAL BOARD OF ZONING BY-LAW AMENDMENT APPLICATION APPLICANT: BOWMANVILLE INVESTMENTS INC. Resolution #GPA-208-1 0 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-040-10 be received; and THAT all interested parties listed in Report PSD-040-10 and any delegation be advised of Council's decision. CARRIED APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT AGRI-TOURISM AS AN ACCESSORY USE TO A FARM OPERATION APPLICANT: NANCY MALLETTE Resolution #GPA-209-1 0 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PS 0-041-1 0 be received; THAT Official Plan Amendment No. 72 as contained in Attachment 2 of Report PSD-041-10 be adopted and that the necessary by-law be passed; THAT the application for a Zoning By-law Amendment submitted by Nancy Mallette as contained in Attachment 3 of Report PSD-041-10 be approved; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-041-10 and Council's decision; and THAT all interested parties listed in Report PSD-041-1 0 and any delegations be advised of Council's decision. CARRIED - 11 - 411 General Purpose and Administration Committee Minutes March 29, 2010 DREDGING - BOWMANVILLE AND NEWCASTLE (BONDHEAD) MUNICIPAL BOAT LAUNCHES Resolution #GPA-210-10 Moved by Mayor Abernethy, seconded by Councillor Woo THAT Report PSD-042-10 be received; and THAT all interested parties listed in Report PSD-042-10 and any delegations be advised of Council's decision. MOTION LOST Resolution #GPA-211-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-042-10, regarding dredging in the Bowmanville and Newcastle (Bondhead) municipal boat launches, be tabled until the General Purpose and Administration Committee meeting of April 19, 2010: CARRIED GANARASKA REGION CONSERVATION AUTHORITY WATERSHED PLANS FOR WILMOT CREEK, GRAHAM CREEK, GANARASKA RIVER, AND LOVEKIN, BOUCHETTE POINT, AND PORT GRANBY CREEKS Resolution #GPA-212-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-043-10 be received; THAT the Ganaraska Region Conservation Authority be thanked and commended for its work in preparing the Watershed Plans for Wilmot Creek, Graham Creek, the Ganaraska River, and Lovekin, Bouchette Point and Port Granby Creeks; THAT the four Watershed Plans be received and referred to Staff for consideration during the Official Plan Review process; and THAT all interested parties listed in Report PSD-043-10 and any delegations be advised of Council's decision. CARRIED - 12 - 412 General Purpose and Administration Committee Minutes March 29, 2010 PORT DARLINGTON HARBOUR COMPANY, EXPROPRIATION OF WEST BEACH LANDS FOR BOWMANVILLE WATERFRONT DISTRICT PARK - OFFER OF SETTLEMENT Resolution #GPA-213-1 0 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-044-10, be moved to the end of the agenda to be discussed in "Closed" session. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 18, 2010 Resolution #GPA-214-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-045-10 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on March 18,2010 for applications A2010-0003 to A2010-0006 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on March 15, 2010, for application in A2008-0002 is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to defend its original position. CARRIED HERITAGE PERMIT FOR 36 BEECH AVENUE BEECH AVENUE HERITAGE CONSERVATION DISTRICT Resolution #GPA-215-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-046-10 be received; THAT Heritage Permit Application HP2010-01 for 36 Beech.Avenue for a two storey board and batten addition to 36 Beech Avenue be approved, with a pediment roofline as shown in the elevations included in Attachment 3 to Report PSD-046-1 0; and - 13 - 413 General Purpose and Administration Committee Minutes March 29, 2010 THAT all interested parties listed in Report PSD-046-10 and any delegations be advised of Council's decision. CARRIED KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD SURPLUS PROPERTY SALE - BOWMANVILLE SENIOR PUBLIC SCHOOL Resolution #GPA-216-10 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-047-10 be received; THAT the Offer from the Kawartha Pine Ridge District School Board to purchase the Bowmanville Senior Public School at fairmarket value be declined; THAT the Kawartha Pine Ridge District School Board be thanked for offering the Bowmanville Senior Public School to the Municipality; and THAT all interested parties listed in Report PSD-047-10 and any delegations be advised of Council's decision. CARRIED Mayor Abernethy asked that Deputy Mayor Novak take his place for the remainder of the meeting as he has an appointment with The Honourable Brad Duguid, Minister of Energy and Infrastructure. Mayor Abernethy left the meeting at 2:28 p.m. Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR FEBRUARY, 2010 Resolution #GPA-217-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report EGD-010-10 be received for information. CARRIED - 14 - 414 General Purpose and Administration Committee Minutes March 29, 2010 LIBERTY STREET RECONSTRUCTION Resolution #GPA-218-1 0 Moved by Councillor Novak, seconded by Councillor Robinson THAT staff report back to the Committee on the Region of Durham's delay of the Liberty Street reconstruction. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - FEBRUARY, 2010 Resolution #GPA-219-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report ESD-004-10 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT URBAN "BACKYARD" CHICKEN FARMING Resolution #GPA-220-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report CLD-004-10 be received; - 15 - 415 General Purpose and Administration Committee Minutes March 29, 2010 THAT the request to amend the Exotic Pet By-law, By-law 93-161, to allow for raising chickens on non-agriculturally zoned lands be denied, and THAT all interested parties listed in Report CLD-004-10 be advised of Council's decision. CARRIED APPOINTMENT OF PRIVATE PARKING OFFICER Resolution #GPA-221-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Report CLD-008-10 be received; THAT the By-law attached to Report CLD-008-10 be forwarded to Council for approval; and THAT all interested parties listed in Report CLD-008-10 be advised of Council's decision. CARRIED 2010 MUNICIPAL ELECTIONS - SPECIAL VOTING LOCATIONS Resolution #GPA-222-10 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CLD-009-1 0 be received; THAT reduced hours of voting in institutions and retirement homes on Voting Day be approved as follows: Whitecliffe Terrace Retirement Residence Marnwood Lifecare Centre Fosterbrooke Lon -Term Care Facilit Strathaven Lifecare Centre Kin swa Arms Lakerid e Health Bowmanville 11:00 am-2:00 m 10:00 am -12:00 noon 2:00 m - 4:00 m 10:00 am - 12:00 noon 10:00 am - 12:00 noon 10:00 am - 12:00 noon and - 16- 416 General Purpose and Administration Committee Minutes March 29, 2010 THAT the draft by-law attached to Report CLD-009-10 be approved by Council. CARRIED PROCEDURAL BY-LAW AMENDMENT Resolution #GPA-223-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report CLD-010-10 be received; and THAT the draft by-law attached to Report CLD-010-10, being a by-law to amend the Procedural By-law, be forwarded to Council for approval. CARRIED Councillor Novak chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CL2010-3, SIDEWALK REHABILITATION, VARIOUS LOCATIONS Resolution #GPA-224-1 0 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report COD-009-10 be received; THAT Pencon Construction Canada Corp., Toronto, Ontario with a total bid in the amount of $177,045.00 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL201 0-3, be awarded the contract for the Sidewalk Rehabilitation, Various locations as required by the Engineering Department; THAT the 2010 Capital Budget funds be transferred from the Frank Street project in the amount of $60,000.00 to the Baseline Road project; THAT funds required in the amount of $220,851.75 which includes $177,045.00 for tendering plus contingencies, and utility relocations be drawn from the Engineering 2010 Capital Budget Accounts, as follows: Account# 110-32-331-83215-7401, Sidewalk Replacement - Various Locations Account # 110-32-331-83340-7401, Nelson Street Sidewalk Construction $153,922.90 $21,475.10 - 17 - 417 General Purpose and Administration Committee Minutes March 29, 2010 Account# 110-32-331-83341-7401, Baseline Road Sidewalk Construction Total Funds Required $45,453.75 $220,851.75 and THAT the By-law attached to Report COD-009-10, marked Schedule "A", authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED ARRANGEMENT WITH KOBES NURSERY WHOLESALE FOR INSTALLATION AND PERMITTED USE OF A DRY HYDRANT Resolution #GPA-225-10 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Report COD-010-10 be received; THAT an agreement between the Municipality of Clarington and Kobes Nursery Wholesale, Hampton, ON be approved, as proposed in Schedule "A", Attachment 1, of Report COD-010-10, Draft Agreement, conditional on approval by Kobes Nursery Wholesale; and THAT the attached By-law marked Schedule "B", Attachment 2, of Report COD-010-10, be approved authorizing the Mayor and the Clerk to execute the necessary agreement. CARRIED FINANCE DEPARTMENT There were no reports to be considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. - 18 - 418 General Purpose and Administration Committee Minutes March 29, 2010 UNFINISHED BUSINESS ROB MESSERVEY, CHIEF ADMINISTRATIVE OFFICER, KAWARTHA REGION CONSERVATION AUTHORITY, REGARDING THE LAKE SCUGOG ENVIRONMENTAL MANAGEMENT PLAN Resolution #GPA-226-1 0 Moved by Councillor Hooper, seconded by Councillor Foster THAT the presentation of Rob Messervey, Chief Administrative Officer from the Kawartha Region Conservation Authority, regarding the Lake Scugog Environmental Management Plan be received with thanks. CARRIED SHEILA HALL, EXECUTIVE DIRECTOR, CLARINGTON BOARD OF TRADE, REGARDING QUARTERLY ECONOMIC DEVELOPMENT UPDATE Resolution #GPA-227-10 Moved by Councillor Foster, seconded by Councillor Woo THAT the presentation of Sheila Hall, Executive Director of the Clarington Board of Trade, regarding the quarterly economic development update be received with thanks, and THAT Clarington Board of Trade also be thanked for their dedication and work. CARRIED OTHER BUSINESS DIRECT ELECTION OF REGIONAL CHAIR - RECALL MECHANISM Resolution #GPA-228-1 0 Moved by Councillor Foster, seconded by Councillor Woo WHEREAS the position of Regional Chair for the Region of Durham will not be subject to an election at large in the October 25th, 2010 Municipal Election; WHEREAS the position will be appointed for at least the 2010-2014 term; and WHEREAS Durham Region's Procedural By-law is silent on the issue of Durham Region's Council's ability to recall the Regional Chair; - 19 - 419 General Purpose and Administration Committee Minutes March 29, 2010 NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington request that the Region of Durham amend its Procedural By-law to assure accountability of any appointed Regional Chair by providing Durham Region Council with an appropriate recall mechanism and that this motion be forwarded to Durham Region Council and Durham Region Municipalities for endorsement. MOTION TABLED (See following motion) Resolution #GPA-229-1 0 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the foregoing resolution GPA-228-10 regarding a recall mechanism of appointment of Regional Chair be tabled until the Council Meeting of April 12, 2010. CARRIED COMMUNICATIONS BRIAN EARL V, REGARDING REPORT PSD-038-10 Resolution #GPA-230-1 0 Moved by Councillor Foster, seconded by Councillor Hooper THAT the correspondence from Brian Early, regarding Report PSD-038-10 be referred to the Director of Planning Services to be considered as part of the application review process. CARRIED CLOSED SESSION Resolution #GPA-231-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing Report PSD-044-10, regarding the Port Darlington Harbour Company, expropriation of west beach lands for Bowmanville Waterfront District Park - offer of settlement as it is a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local. board. CARRIED - 20- 420 General Purpose and Administration Committee Minutes March 29, 2010 The meeting resumed in open session at 3:16 p.m. RISE AND REPORT Councillor Novak reported that one item was discussed in "closed" session in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, and no resolutions were passed. PORT DARLINGTON HARBOUR COMPANY, EXPROPRIATION OF WEST BEACH LANDS FOR BOWMANVILLE WATERFRONT DISTRICT PARK - OFFER OF SETTLEMENT Resolution #GPA-232-1 0 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-044-10 be received for information. CARRIED ADJOURNMENT Resolution #GPA-233-1 0 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 3:17 p.m. CARRIED MAYOR DEPUTY CLERK - 21 - 421 (b) (c) (d) (e) (f) (g) DRAFT LIST OF DELEGATIONS GPA Meeting: April 19, 2010 (a) Chuck MacDonald, West Beach Cottagers Association, Regarding Report PSD-090-10 Regarding West Beach Cottagers Ross Smith, Regarding Report PSD-050-10, West Beach Cottagers Sharon Eccles, Regarding Report PSD-050-10, West Beach Cottagers Dr. Ted Bounsall, Regarding Report PSD-050-10, West Beach Cottagers Glen Genge, D.G. Biddle & Associates, Regarding Report PSD-049-10 to Permit the Construction of a Golf Driving Range and Accessory Uses Ken Bromley, Regarding Report PSD-052-10, Regarding the Appeal'of Zoning By-Law Amendment, Applicant: Green Martin Holdings Ltd. Bob Kreasul, Regarding Report PSD-042-10, Regarding Dredging- Bowmanville and Newcastle (Bond head) Municipal Boat Launches 601 Clw:.-ilJgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 19, 2010 Resolution #: By-law #: Report #: PSD-049-10 File #: ZBA 2003-0016 Subject: TO PERMIT THE CONSTRUCTION OF A GOLF DRIVING RANGE AND ACCESSORY USES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-049-10 be received; 2. THAT the rezoning application submitted by 1559306 Ontario Ltd., to permit a golf driving range, miniature golf course, clubhouse, storage facility and residential dwelling be approved and that the By-law contained in Attachment 2 to Report PSD-049-10 be passed; and 3. THAT all interested parties listed in Report PSD-049-10 and any delegations be advised of Council's decision. Submitted by: Reviewed by: ~~~L~ Franklin Wu, Chief Administrative Officer PW/COS/df 12 April 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 801 REPORT NO.: PSD-049-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: The Biglieri Group Ltd. 1.2 Owner: 1559306 Ontario Ltd. 1.3 Proposal: To permit a golf driving range, miniature golf course, clubhouse, storage facility and residential dwelling. 1.4 Area: 16.6 ha 1.5 Location: Part Lot 20, Concession 5, former Township of Darlington 5075 Holt Road 2.0 BACKGROUND 2.1 On April 24, 2003 the Bigileri Group submitted applications on behalf of Burt Beckell to amend the Clarington Official Plan and Comprehensive Zoning By-law to permit the development of a golf driving range, miniature golf course, clubhouse and storage facility. The Region of Durham also received an application to amend the Durham Regional Official Plan on May 1,2003 to permit the proposed uses. On June 27,2003 the Municipality was informed by the consultant that ownership of the subject lands had changed and that they now belong to 1559306 Ontario Ltd. 2.2 The Region of Durham held a Public Meeting on June 3, 2003 to consider the Durham Region Official Plan Amendment. On June 24, 2009, Durham Regional Council adopted Amendment No. 130 to the Durham Regional Official Plan, to permit a golf driving range and accessory uses on the subject site. 2.3 The Municipality of Clarington held a Public Meeting for this proposal on September 8, 2003. Following the Public Meeting, Council accepted the recommendation within Staff Report PSD-091-03 that the proposal continue to be processed by Staff. 2.4 Between 2003 and 2009 there was sporadic activity regarding these planning files. During this period, the Owner constructed a single family dwelling in the northeast portion of the site. 2.5 On May 25,2009, Staff Report PSD-05Q.-08 was presented to the General Purpose and Administration Committee to recommend the adoption of Clarington Official Plan Amendment No. 67. This recommendation was endorsed by Council on June 1, 2009. The rezoning portion of the application could not proceed concurrently with the Official Plan Amendment as Staff had not received sufficient information on which to make a recommendation. 802 REPORT NO.: PSD-049-10 PAGE 3 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property predominately consists of a flat to gently rolling field with a low point located near the southwest corner of the property. This low point includes a Natural Vegetated Feature which is subject .to the temporary ponding of surface water. The northeast corner of the property is forested. The Applicant's single family dwelling is located outside of the forested area in the northeastern portion of the property. View of Natural Vegetated Feature from Holt Road facing east. Photo taken 27 Aug09 3.2 Surrounding Uses: South: Woodlands and Rural residences Agricultural land Private gun club, Agricultural land and a portion of the Harmony Black Farewell Creek Wetland Complex Agricultural land East: North: West: 803 REPORT NO.: PSD-049-10 PAGE 4 Proposed II 401 - 407 I. II A Ignment The Marksmen Club 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement This application was made under the 1997 Provincial Policy Statement (PPS). The intention of the agricultural policies within the PPS is, first and foremost, the protection of prime agricultural lands. However, the PPS does provide for exceptions provided several 'tests' can be satisfied including: . a demonstrated need; · there are no reasonable alternative locations; and · no alternative locations with lower priority agricultural lands. The applicant has satisfied these tests. 804 REPORT NO.: PSD-049-10 PAGE 5 4.2 Greenbelt Plan This application was submitted prior to the introduction of the Greenbelt Act. It was also submitted prior to the moratorium put on all development applications within the Greenbelt in December 2003. The moratorium did not lift until the passing of the Greenbelt Act in 2005. Transition policies included in the Greenbelt Act, 2005, provided that planning applications made before December 16, 2004, were not required to conform to the Greenbelt Plan. As such, this application for an Official Plan Amendment and Rezoning are not subject to the provisions of the Greenbelt Plan. 4.3 Growth Plan This application was submitted prior to the introduction of The Growth Plan for the Greater Golden Horseshoe (Growth Plan) on June 19, 2006. Transition policies included in the Growth Plan provided that planning applications made before June 16, 2006, were not required to conform to the Growth Plan. As such, this application for an Official Plan Amendment and Rezoning are not subject to the provisions of the Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Reoional Official Plan The Durham Regional Official Plan designates the subject site as "Prime Agricultural Area". "Prime Agricultural Areas" are to be used primarily for agriculture and farm- related uses. On June 24, 2009, Durham Regional Council adopted Amendment No. 130 to the Durham Regional Official Plan, to permit a golf driving range and accessory uses on the subject site. The proposed Zoning By-law amendment will further conform to Amendment No. 130 and is permitted by the Durham Regional Official Plan. 5.2 Clarinoton Official Plan The Clarington Official Plan designates the subject lands "General Agricultural Area". The predominant use of lands designated "General Agricultural Area" shall generally be for agricultural purposes. Golf courses, or in this case a golf driving range, may be permitted in agricultural areas by amendment to the Official Plan. On June 1, 2009, Council adopted Amendment No. 67 to the Clarington Official Plan, to permit a golf driving range, mini-putt, associated storage facility and clubhouse, in addition to the existing residential dwelling, on the subject site. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1)". Permitted land uses in this zone are predominantly limited to agricultural uses. The current zoning does not permit the proposed use, hence the need for an amendment to the comprehensive Zoning By-law. 805 REPORT NO.: PSD-049-10 PAGE 6 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 As the Applicant had studies prepared in support of both a Durham Regional Official Plan amendment as well as a Clarington Official Plan amendment and Rezoning, the Applicant opted to follow the Region of Durham's study preparation method. The Applicant hired his own consultants to prepare the necessary studies which were then peer reviewed, at the expense of the applicant. 7.2 A Planning Rationale Report was originally prepared by The Biglieri Group Ltd., April 2003. The Planning Rationale Report was later revised during November, 2009. The Planning Rationale Report was reviewed by Municipal and Regional Staff. The Planning Rationale Report reviewed the Applicant's proposal against all relevant Provincial, Regional and Municipal requirements and offered the opinion that the proposal represents sound planning. The Planning Rationale Report states that the proposed use will complement existing recreational uses in the vicinity, will not inhibit the operations of farms in the area and would be unable to locate on any better suited land in the area. In addressing the requirements of the Provincial Policy Statement the Planning Rationale Report states that the Region of Durham and the Municipality of Clarington are under serviced for golf courses and golf driving ranges thereby establishing a need for the proposed use. The Applicant's consultant suggests that no other suitable locations could be located within the area which could better accommodate the proposed use. The Applicant's report goes on to claim that the site could be easily converted back to agricultural production due to the minimal disruption created by a golf driving range and its associated uses. The Durham Regional Planning Staff and the Municipality of Clarington Planning Services Staff both accepted the findings of the Planning Rationale Report. 7.3 An Agricultural Assessment Report was completed by VDV Consulting on January 23, 2003. The Agricultural Assessment Report was peer reviewed by DBH Soil Services Inc. The Applicant's Agricultural Assessment Report states that while the soil capability is high, the site's size (16.6 ha, of which approximately 2 ha is forested) and the absence of existing agricultural infrastructure preclude this property from establishing a viable commercial-scale crop farm operation similar to those in the area. The site's proximity to existing residences in the area, inhibits the site's ability to accommodate livestock facilities while complying with the Provincial requirements for Minimum Distance Separation (MDS) and Nutrient Management. The Applicant's Agricultural Assessment Report further states that the originally proposed clubhouse and storage facility would be portable allowing for its easy removal in the event that the driving range use should cease in the future. (The Applicant has since indicated that the clubhouse and storage facility will be permanent structures) . 806 REPORT NO.: PSD-049-10 PAGE 7 In conducting research of local farmer's for the Agricultural Report, the Applicant's consultant received a number of concerns including: . The possibility of future complaints that may be lodged by the driving range owner, or his customers, against the farmers operating in the surrounding area; . The loss of good agricultural land ; . The increase of traffic on Taunton Road; and . The potential damage caused by golf balls. The Applicant's Agricultural Report provides an overview of these concerns and lists how these items have already been addressed or will be accounted for through the Site Plan approval process. The peer reviewers accepted the findings of the Agricultural Assessment Report. 7.4 An Environmental Impact Statement (EIS) was prepared by Watershed Management Ecology on June 2007. The EIS was reviewed by the Central Lake Ontario Conservation Authority. The EIS evaluated the current proposal with respect to natural features present both on the subject property as well as on adjacent properties. This included an evaluation of the potential impacts on the Provincially Significant Black-Farewell Creek Wetland Complex partially located on the neighbouring property along the west side of Holt Road. The EIS concluded that with the inclusion of appropriate mitigation measures including buffers, the proposed development will not negatively impact the natural heritage features identified on both the subject and adjacent properties. The peer reviewers accepted the findings of the EIS. 7.5 An Hydrogeological Study was prepared by Mitz & Associates Inc. on November 2006. The Hydrogeological Study was peer reviewed by Jagger Hims Limited. The Hydrogeological Study evaluated the Applicant's proposal to determine the suitability of private servicing on the site and the potential impact on natural heritage systems. The report concluded that the site can support private servicing for the development and that there is sufficient groundwater resources to service the development's built form. The shallow aquifer and adjacent wetlands will not be vulnerable to this development. The peer reviewers accepted the findings of the Hydrogeological Study. 8.0 PUBLIC SUBMISSIONS 8.1 Previous comments received in 2003, at the time of the Public Meeting, expressed concern with the conversion of prime agricultural land to recreational land to facilitate a golf driving range. 807 REPORT NO.: PSD-049-10 PAGE 8 9.0 AGENCY COMMENTS 9.1 The Region of Durham has confirmed that the proposed Zoning By-law amendment will conform to Amendment No. 130 to the Durham Regional Official Plan and therefore have no objection, in principle, to this proposal. However, the Region of Durham have offered a number of comments related to the installation of a private waste disposal system and required road widenings along Taunton Road and at the intersection of Taunton Road and Holt Road. Staff will ensure that these comments are satisfactorily addressed through the Site Plan approval process. 9.2 The Central Lake Ontario Conservation Authority and Clarington Engineering Services have both advised that they have no objection, in principle, to this proposal Both of these agencies have reserved the right to comment further on the application at the Site Plan stage. 9.3 The Ministry of Transportation has stated that they have no objection to the Applicant's proposal as it relates to the planned link between Highway 401 and the proposed extension of Highway 407. 1 0.0 STAFF COMMENTS 10.1 The Clarington Official Plan, the Durham Region Official Plan and the Provincial Policy Statement (PPS) all support and promote the protection of high quality agricultural land from non-agricultural development. However, each of these documents also provides "tests" which if passed, a non-agricultural use cah be permitted, which in this case, is a golf driving range, miniature golf course and associated uses. Through the preparation of the various studies and associated peer reviews, these "tests", set by the Provincial Policy Statement, the Regional Official Plan and the Clarington Official Plan have been met as noted in the table below. 10.2 The PPS provides opportunity for consideration of new non-residential development in a prime agricultural area subject to satisfactory justification that includes: 2.1.3c)1. demonstrated need for the designation of additional lands to accommodate this use; 2.1.3c)2. that there are no reasonable alternative locations on land not identified as prime agricultural area; 2.1.3c)3 that there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. PlanninQ Rationale Report, prepared by The Biglieri Group Ltd., revised November 2009. These reports were reviewed by Munici al and Re ional Staff. PlanninQ Rationale Report, prepared by The Biglieri Group Ltd., revised November 2009. These reports were reviewed by Munici al and Re ional Staff. PlanninQ Rationale Report, prepared by The Biglieri Group Ltd., revised November 2009. These reports were reviewed by Munici al and Re ional Staff. Yes Yes 808 REPORT NO.: PSD-049-10 PAGE 9 10.3 The Clarington Official Plan also provides that golf courses(driving ranges) may be permitted in Agricultural Areas (located off of the Oak Ridges Moraine) provided that: CI~ring~911 Officicll a)" there is a demonstrated need for such a facility in an agricultural designation and there are no alternative sites in the Green Space or Waterfront Greenway designations; b) it is not located on high capability agricultural lands; c) it conforms with the Minimum Distance Separation Formulae; d) it does not adversely impact the ability of surrounding agricultural operations to carry on normal agricultural practices; e) it does not impact significant natural features and minimizes impacts on watercourses, groundwater resources or other environmentally sensitive features; c~i~{~,~r:~ PlanninQ Rationale Report, prepared Yes by The Biglieri Group Ltd., revised November 2009. These reports were reviewed by Municipal and Regional Staff. AQricultural Review of Proposed Golf Yes DrivinQ RanQe & Associated Development, prepared by VDV Consulting, dated January 23, 2003. This report was peer reviewed by DBH Soil Services Inc. AQricultural Review of Proposed Golf Yes DrivinQ RanQe & Associated Development, prepared by VDV Consulting, dated January 23, 2003. This report was peer reviewed by DBH Soil Services Inc. AQricultural Review of Proposed Golf Yes DrivinQ RanQe & Associated Development, prepared by VDV Consulting, dated January 23, 2003. This report was peer reviewed by DBH Soil Services Inc. Hvdro-QeoloQical Stud v, prepared by Yes Mitz & Associates Inc., dated November 2006. This report was peer reviewed by Jagger Hims Limited. Environmental Impact Statement (EIS), prepared by Watershed Management Ecology, dated June 2007. This report was peer reviewed by the Central Lake Ontario Conservation Authority. 809 REPORT NO.: PSD-049-10 PAGE 10 it does not use quantities of ground or surface water for irrigation purposes that exceed the standards of the Ministry of the Environment, Ministry of Natural Resources and the Conservation Authority; and g) it is individually serviced with a private sewage disposal system and private drilled well which complies with the standards of the Ministry of the Environment and the Region. Hydro-oeolooical Study, prepared by Mitz & Associates Inc., dated November 2006. This report was peer reviewed by Jagger Hims Limited. This report was also reviewed by the Central Lake Ontario Conservation Authorit . Hydro-oeolooical Study, prepared by Mitz & Associates Inc., dated November 2006. This report was peer reviewed by Jagger Hims Limited. This report was also reviewed by the Central Lake Ontario Conservation Authorit . Yes 10.4 The proponent has completed the necessary steps to address the requirements of the Official Plans and the PPS. Site specific technical agency requirements will be . addressed through the Site Plan approval process. 10.5 Traffic At this time, Holt Road is a municipally open and maintained road for approximately 170 metres north of Taunton Road. At present only the subject site and the private gun club to the west have frontages served by this portion of road. Discussions are ongoing between the Municipality and the Ministry of Transportation regarding the possibility of having Holt Road constructed and opened between Taunton Road and Concession Road 6 as a result of the construction of the Highway 407 link. Should this occur, it would provide a secondary access route to the subject property via Concession Road 6 thereby reducing the overall traffic impact on Taunton Road. 10.6 Accessory Uses In conjunction with many golf driving ranges is a variety of accompanying, accessory uses. Those uses which have been deemed to be accessory to the operation of a golf driving range include: a clubhouse (consisting of a restaurant and a pro-shop), indoor golf amusements (Le. practice swing bays, golf related electronic games) a miniature golf course (a.k.a. mini-putt), practice putting greens, practice chipping areas, associated offices and related storage facilities. The Planni~g Rationale Report identifies uses accessory to a golf driving range to also include: a 6-9 hole practice course as well as pitching and batting cages. Staff do not consider these uses to be accessory to a golf driving range. 810 REPORT NO.: PSD-049-10 PAGE 11 As the operation of a golf driving range is seasonal in nature (approximately 7 months according to one of the Applicant's studies) so to are the operations of the accompanying accessory uses of a golf driving range. Since the operations of the Applicant's golf driving range shall be during daylight hours only, the operations of the accompanying accessory uses should also be restricted to these same hours of operation. The operation of any of the accessory uses during hours or dates when the golf driving range is not operating shall be in direct contravention to the intent of the By-law attached to Report PSD-049-10. In order to remain clearly secondary to the principal use (a golf driving range) on the subject property the size of accessory uses will be limited. As part of the initial phase of development, the Applicant has proposed the construction of a 223 m2 clubhouse facility to accommodate a restaurant, pro-shop, offices and storage area. In a later phase, the Applicant has proposed expanding the building by a further 149 m2. It is Staff's opinion that at this time, the phase 1 proposal (a 223m2 clubhouse - complete with a pro shop, offices, storage area and a snack bar/canteen but not a restaurant) is appropriate. 10.7 Parkin!::! The Applicant's Planning Rationale Report has indicated that the golf driving range will be designed to accommodate a maximum of sixty (60) golf tees at one time. Due to the properties distance from the nearest settlement area and the absence of pedestrian or cycle connections it is highly likely that almost all patrons of this business will travel to this property via private automobile. As a result, a minimum of sixty (60) parking spaces should be provided. The maximum size of the parking area will be addressed through the Site Plan Review Process. 11.0 CONCLUSIONS 11.1 Due to the limited agricultural potential of the site and due to the negligible impact on the surrounding properties, the Applicant has stated that it is necessary to amend the Zoning By-law to permit a proposed golf driving range. 11.2 Taking into consideration all of the public and agency comments received, in conformity with the amendments to the Durham Regional Official Plan and the Clarington Official Plan and based on a thorough review of the Applicant's proposal, it is respectfully recommended that the application to amend Zoning By-law 84-63, to permit a golf driving range, miniature golf course, clubhouse, storage facility and residential dwelling, be approved and that the By-law listed as Attachment 2 to Report PSD-049-10 be passed. 811 REPORT NO.: PSD-049-10 PAGE 12 Staff Contact: Paul Wirch Attachments: Attachment 1 - Key Map Attachment 2 - By-law List of interested parties to be advised of Council's decision: 1559306 Ontario Limited The Bigileri Group Durham Region Federation of Agriculture Doug MacDuff Mr. and Mrs. Fitzgerald Libby Racansky Linda Gasser Durham Regional Planning MPAC Donna Fraser Stuart Glaspell Gerd & M.J. Haagmans Anne Kraljevic & Dianne Alilovic Linda Leszczynski' Marksmen Club Jody McKeen Oshawa Vikings Rugby Club Cornelius & Hubertha Van Wees Santino Visconti Wayne & Barbara Wells 812 Attachment 1 To Report PSD-049-10 - " c CI) 0 - - - c 'E Cl CI) .5 E c :::i 't: U) " - 0 0 III 0 ;:; Q - C IV '~ - 0 CI) 0 ,~ IV C. E 0 - I I D.. c III C") <C 0 0 :::E Cl 0 Co w <( ~ - <C c z 0 0 0 CD ::5 N IV C 0 0:: "T N c (II) :;::; <C ..! III (!) Z ~ <C 0) C.) z 0 to In D. It) 0 52 l- e.. It) ....I Z N 0) tJ) CI) ~ ::::> ,5 - ~ ~ U) i..: c CI) Q) 0 c c. N ~ 0 ... 0- <'~ P-.RT I I'L~N 10R-2621 PART 1 lOR ~ , 4 I; I ...r.........! "~Ol :;"10-. 'II lOT 2 1 11\ .,U ........ """'" l' -<t T ,. ~; ,..-", z '''-'. 0 VJ l/l W U z 0::: 0 ,C .,,'-) 0 +-' C ::] ~ 1. c:i N . ~ , i! ~i. f- ~H 0 ,,' n .-J I ..- IIn.O...'OW,IIC. BEl"o1([M I.Gn 1ll. 21 n , T' . ~ 1 j' 1.\ W( (" . (II,.._'...M...._lI),.,''''rClSlfMO] " Attachment 2 To Report PSD-049-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2003-0016; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4.25 "AGRICULTURAL EXCEPTION (A-25) ZONE" is hereby added as follows: 2. "6.4.25 Notwithstanding the provisions of 3.13 c., e., f., 3.16 a., 6.1 and 6.3 those lands zoned "A-25" on the attached schedule to this By-law, in addition to the permitted residential uses, shall be used in accordance with this By-law and the following zone definitions and regulations. a. Definitions "Golf Driving Range" shall mean an outdoor facility operated for the purpose of developing golfing techniques. Uses accessory to a golf driving range include a miniature golf course and a clubhouse. A golf course and an indoor golf driving range are not accessory to a golf driving range. "Club House Facility" shall mean a facility accessory to a golf driving range or an indoor golf driving range which may include uses such as a golf pro- shop, snack-bar/canteen, and a lounge/recreation area. b. Permitted Non-Residential Uses i) Golf Driving Range c. Regulations for Non-Residential Uses i) lot Area (minimum) 16.6 ha ii) lot Frontage (minimum) 220 metres iii) Yard Requirements for a Clubhouse a) Front Yard (minimum) b) Front Yard (maximum) c) Interior Side Yard (minimum) d) Exterior Side Yard (minimum) e) Rear Yard (minimum) 50 metres 150 metres 30 metres 50 metres 15 metres iv) Building Floor Area for a Clubhouse (maximum) 225 sq.m. v) lot Coverage 2% vi) Building Height (maximum) vii) loading Space Requirements 10.5 metres 814 a) b) c) Loading Space Size (3 metres x 7.5 metres) A required loading space may be located in a front yard provided that it is located a minimum of 20 metres from any street line. A required loading space is not required to be located abutting a building or structure. 1 space viii) Parking Requirements for a golf driving range 60 parking spaces (minimum) 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-25) Zone" "Agricultural Exception (A-1) Zone" to "Environmental Protection (EP) Zone" 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 815 This is Schedule "A" to By-law 2010- passed this day of ,2010 A.D. Jim Abernethy, Mayor o '" o a: w 5 z " a: , , ,~, - "., . ". , , '"" '...,....,... .~::~:~:f:r~::r:?:r:~:~:} . : .:..:.:r:.:.::-;.::.:.::.:.:..:.:..:.:.... _ . 1 . . . .... .... I.'. ::::::::l;~::::::::::::::::::::::::::-\i ~::::}:t::~::::~::r:::~::r~::~: I ,.. .:~:::i~:i:.:.~.:.::.:~::~:.:j:.:..: ~ : : ~ 1: , ':; :; tv ~ :J ;," ...... ~:."..f" l ;g L ,) T ~~ i E 's .~ I ,-'~ I: r f2Zj Change From "A-1" To "A-2S" J::::::::~ Change From "A-1" To "EP" Patti L. Barrie, Municipal Clerk 816 Cl~.n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: April 19, 2010 Resolution #: By-law #: Report #: PSD-050-10 File #: RE 6.1.17, PLN 15.2.1 Subject: OFFER OF COMPENSATION TO COTTAGE OWNERS RESPECTING THE EXPROPRIATION OF THE WEST BEACH LANDS FOR BOWMANVILLE WATERFRONT DISTRICT PARK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PS D-050-1 0 be adopted; 2. THAT Council approve the offer of settlement set out in the letter from Faye Langmaid to Chuck MacDonald and Gary Cole dated March 12, 2010 (Attachment 1 to Report PSD-050-10) and accepted by the cottage owners listed in Schedule 1 as set out in their consent (Attachment 8 to Report PSD-050-1 0 Under Separate Cover); 3. THAT the Municipality's solicitor be authorized to: (i) prepare a Memorandum of Understanding between the Municipality and the cottage owners listed in Schedule 1 to Report PSD-050-1 0 containing provisions necessary to give effect to the offer of settlement referred to in paragraph 2, and (ii) protect the Municipality's interests as considered to be appropriate by the Director of Planning Services, and to prepare the leases and other documents to implement the Memorandum of Understanding; 4. THAT Council pass a by-law (Attachment 9 to Report PSD-050-10) to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute the Memorandum of Understanding and the leases and documents necessary to implement the intent of Report PSD-050-1 0 as referred to in Recommendation 3; provided that the Municipality is satisfied that the cottages are fit for habitation and in compliance with health, safety, housing and maintenance standards; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 817 REPORT NO.: PSD-050-10 PAGE 2 5. THAT subject to the execution of the Memorandum of Understanding referred to in Recommendation 3, the Municipal Clerk be authorized to withdraw the applications to the landlord and Tenant Board under the Residential Tenancies Act, 2006 to terminate the tenancies of the cottage owners who have executed the Memorandum of Understanding; 6. THAT the Director of Planning Services be authorized to continue discussion with the owners of the cottage on lot 17 on Plan 345 regarding settlement of compensation for all claims under the Expropriations Act and/or arrangements respecting the relocation of the cottages to other lands and report back at a later date; 7. THAT the Director of Planning Services continue to pursue the notice of termination of the owner of the cottage on lot 17 on Plan 345 under the Residential Tenancies Act, 2006 unless a settlement is reached in advance of the hearing; 8. THAT the Director of Operations be authorized to demolish the buildings and structures previously owned by the Port Darlington Harbour Company (the structures on all other lots except those listed in Report PSD-050-10); 9. THAT the Director of Planning Services, the Municipality's Solicitor, the Municipaol Clerk, the Director of Operations and the Director of Engineering Services are authorized to take all necessary actions to implement the intent of Report PSD-050-10, the Memorandum of Understanding referred to in Recommendation 3 and leases and other documents necessary to implement the MOU; and 10 THAT all interested parties be notified of Council's decision. Submitted by: Reviewed by: cj ~~ ~ Franklin Wu, Chief Administrative Officer Fl /sn/df 13 April 2010 818 REPORT NO.: PSD-050-10 PAGE 3 1.0 PURPOSE 1.1 As a result of the expropriation of the West Beach lands, the cottagers who own. cottages on the lands may be entitled to compensation for disturbance or relocation damages under the Expropriations Act. As part of the adoption of PSD-112-09 Council authorized staff to meet with the cottagers to pursue discussions; "The results of discussions with the cottagers and recommendations for compensation for disturbance and relocation will be the topic of a subsequent report to Council in 2010". The purpose of this report is to update Council on the discussions and progress to date. 2.0 BACKGROUND 2.1 On June 15, 2009, Report PSD-056-09 was presented to Council recommending that Council pass a by-law approving the expropriation of Parts of Lots 9 & 10, Broken Front Concession, former Town of Bowmanville for the purposes of a district park. After having regard for the comments contained within the report, Council approved the expropriation of the owners' (Port Darlington Harbour Company) and the ground tenants (cottage owners) interests in these lands by By-law 2009-081 at its June 15th meeting. 2.2 Report PSD-056-09 also recommended that Council pass a by-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality to execute an expropriation plan and authorize its registration pursuant to subsection 9(1) of the Expropriations Act, also approved on June 15th as By-law 2009-084. Expropriation plans were registered on September 10th, 2009 under the Land Titles Act and the Registry Act. 2.3 Title to the property was transferred to the Municipality on the registration of the plans by operation of law. As a result of the registration of the Plans the owner's rights were converted from rights in the lands expropriated to rights to be paid at market value on the Valuation Date for their interest in the lands. The Municipality complied with Sections 25 and 39 of the Expropriations Act. Notices of Election were served on the registered owners on September 15, 2009. The Notice offered the owners the option to have compensation to which they were entitled assessed as of: . The date the notice of the Hearing of Necessity was served; . The date of the registration of the expropriation plan; or . The date on which they were served with the Notice of Expropriation. 2.4 Port Darlington Harbour Company (PDHC) chose the date on which they were first served with the Notice of the Hearing of Necess.ity being, January 14th, 2005. Staff Report PSD-112-09 addressed the compensation to be provided to PDHC. 2.5 The owner of the cottage on Lot 2 on Plan 345 (Attachment 2) has selected the date of the registration of the expropriation plans, September 10th, 2009. The owners of the cottages on Lots 5, 6, 10, 15, 17, 36, and 39 on Plan 345 did not respond to the Notice of Expropriation. In such circumstances The Expropriations Act deems that compensation be assessed as of the date of the registration of the expropriation plan which was September 10th, 2009. 819 REPORT NO.: PSD-050-10 PAGE 4 2.6 The appraiser retained by the Municipality.determined compensation for the cottagers who have rights independent of PDHC. "The cottages add intrinsic value to the land, if they were not in place, the use that could be made of the lands would be in keeping with its hazard land status and environmental significance. While the cottages remain they are habitable, once they are removed the right to rebuild them will also disappear." The valuation that the appraiser placed on the cottages in his retrospective appraisal report totaled $19,221.00 for the eight cottages not owned by the PDHC. Each of the cottagers was paid the value indicated in Report PSD-112-09 in December 2009 and all of the cheques have been cashed. 2.7 The Municipality is now in possession of the land and is preparing for the removal of the derelict cottages. To remove the structures the Municipality is in possession of, suitable arrangements should be made with the cottagers who own their buildings prior to the lands being made available for public access. 3.0 WEST BEACH PARK DEVELOPMENT 3.1 One of the purposes of acquiring the lands was to provide public access to the Beach portion of the lands for the residents of Clarington. In anticipation of obtaining the lands, conceptual park development plans were prepared and approved by Council. The Port Darlington Waterfront Park concept was approved November 8,2004 (Attachment 3). Two subsequent amendments were made to the Concept Plan, Amendment #2 to report EGD-050-04 included refinements to the design of the parking layout on the West Beach and protection of the sand dune area (Attachment 4). 3.2 The park will not be developed in the immediate future. The Engineering Services Department capital forecast (2011-2014) does not include monies for the development of the West Beach; currently it is tentatively scheduled for 2018; however this could change based on funding availability. 3.3 When the derelict cottages are removed rehabilitation of the land that has been cleared would be appropriate. To ensure that the sand dune does not begin to shift, fencing off the dune and restricting access to designated walking paths is recommended. In addition, the planting of dune grasses would help ensure that the dune stays in place. 3.4 Staff have met with representatives of CLOC; the dune is a unique natural feature, the west beach is considered hazard lands by the CLOC regulation and Clarington's Official Plan. The BowmanvillelWestside Marshes Conservation Area managed by CLOC is very close in proximity. CLOC staff are interested in assisting the Municipality in developing the rehabilitation plans for the dune area, they are knowledgeable and familiar with the appropriate techniques and species for revegetation and willing to assist the Municipality. 3.5 The West Beach Cottage Association in their letter to Council from September 2009 (Attachment 5) encouraged access by the public and indicated they are willing to act as on-site stewards of the beach area. 820 REPORT NO.: PSD-050-10 PAGE 5 4.0 COMMENTS 4.1 The West Beach Association represents the owners of the cottages on Lots 2, 5, 6, 10, 15, 36 and 39. The owners have collectively, through the association and individually, written Council with their requests to continue their tenure. Various suggestions have been made such as 5-year term leases; life leases for the current cottage owners and continuation of the existing annual arrangement (Attachment 6). The owner of the cottage on Lot 17 has indicated a preference for being compensated and is no longer residing at the Beach. 4.2 Staff met with the cottage owners in July 2009 to' explain the expropriation process, hear from the cottagers as to their future desires and answer questions. In November, 2009 when Report PSD-112-09 was proceeding to Council, staff met with the cottage owners to explain the report. In February, staff met with each of the cottage owners individually to explain their rights under the Expropriations Act and the Residential Tenancies Act. 4.3 While it is the desire of many of the cottage owners to have a more permanent arrangement with the Municipality than what they have had with the PDHC, one of the reasons that the Municipality acquired the west beach lands is to develop a district park which would include public access to the beach. The Municipality issued notices of termination to all the cottage owners to achieve this purpose. This essentially means that the cottage owners have the option to relocate their building or vacate the site by December 31,2010. 4.4 Each cottage owner is entitled as set out in the ground lease to relocate the cottage upon the termination of the lease. In January, 2010 a house moving contractor visited the site with staff and made the determination that the majority of the cottages could not be moved (Attachment 7). In addition, the price to relocate the cottages has to be balanced against the cost of upgrading that would be required to obtain the building permit from the Municipality to which they are being moved and the costs for any refurbishment required by the relocation. 4.5 In addition to the market value compensation for the ground leases which has been paid out, the cottage owners may be entitled to further compensation under the Expropriations Act. Due to "the unique nature of the subject dwellings, and insufficient evidence available, [the appraiser was] not able to adequately address the issues of Disturbance or Relocation for the Land Lease tenants" in his appraisal report (November 2009). Council authorized the Director of Planning Services to have discussions with the cottage owners regarding any claim they may make or further compensation. 821 REPORT NO.: PSD-050-10 PAGE 6 5.0 PROCEEDINGS UNDER RESIDENTIAL TENANCIES ACT 5.1 Following Council's approval of PSD-112-09 the Municipal Clerk issued "Notices of Termination" for a ground lease to the owners of the residential premises (cottages) so that the Municipality could demolish the cottages and convert the leased properties to a non-residential use. In this case, The Residential Tenancies Act, 2006 requires a year's notice ending with the end of the term of the lease (effectively the land tenants had been on a year to year lease). The landlord, in this case the Municipality, paid the tenant compensation in the amount equal to one year's rent. For the cottage owners on ground leases, the amount of one year's rent was $1800.00. This amount was paid to each of the tenants in December 2009 and all of the cheques have been cashed. 5.2 Each of the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 in fact have two ground leases for each year, the first is for periods from January 1 st through May 14th and September 15th through December 31st in which the use of the land is restricted to storage only. The second lease is for the period May 15th through September 14th in which occupancy of the land is permitted. The solicitor advised that in his opinion the Landlord and Tenant Board would treat these leases as being a single lease for a term commencing on January 1st and ending on December 31st each year with occupancy being restricted from May 15th to September 14th each year. 5.3 As a result of the notices of termination to the owners of the cottages on Lots 2, 5, 6, 10, 15, 17,36 and 39 on Plan 345, a hearing before the Landlord and Tenant Board was set for February 17, 2010. Prior to the hearing staff met or had a telephone conversation with each of the owners explaining their options and legal rights under both the Expropriations Act and the Residential Tenancies Act. Staff were able to come to an agreement with the cottagers for an adjournment for approximately 90 days. The Landlord and Tenant Board has set the next hearing date for May 19th, 2010. 5.4 The adjournment by the Landlord and Tenant Board was to allow time for the Municipality to meet with the seasonal tenants to try and resolve how the relocation of their buildings could be addressed. In the cases where the Municipality and cotta~e owner have not been successful in coming to a settlement, the hearing on May 19 h will proceed. 6.0 PROCEEDINGS UNDER EXPROPRIA TIONS ACT 6.1 While, the cottage owners have the right to remove their buildings; the house moving contractor does not recommended it. The cottage owners may have a claim to additional compensation including disturbance or relocation damages under the Expropriations Act. 6.2 The majority of the' West Beach Association appointed two members to negotiate on their behalf with the Municipality. Staff met with Gary Cole and Chuck MacDonald on March 11 where the concept of a Memorandum of Understanding (MOU) between the Municipality and the majority of the cottage owners was discussed. Staff prepared a 822 REPORT NO.: PSD-050-10 PAGE 7 letter outlining the contents of a MOU (Attachment 1) which has been discussed with the members of the West Beach Association by the representatives that met with staff. 6.3 We are in receipt of letters (Attachment 8 under separate cover) from the majority of the cottage owners who are in agreement with the conditions outlined in the letter regarding the proposed MOU. 6.4 Should the MOU referred to in the recommendations of this Report be executed on behalf of the Municipality, the Municipal Clerk should be authorized to withdraw the applications pending before the Landlord and Tenant Board to terminate the ground leases to the cottage owners who have executed the MOU. 6.5 The owner of the cottage on Lot 17 has indicated that she would like to be compensated for the replacement value other cottage. However, under the Expropriations Act she may be entitled to some additional compensation including disturbance or relocation damages, not the replacement value of the cottage. 6.6 Attempts to come to a reasonable settlement have to date proven unsuccessful. To finalize on the compensation to be paid to the owner of the cottage on Lot 17 the Municipality may be required to make an application to the Board of Negotiation under the Expropriations Act and if necessary to commence proceedings before the OMB to reach a resolution of the amount of the compensation to be paid to the owner of the cottage on Lot 17. 7.0 CONCLUSION 7.1 The interests of the owners (PDHC) of the west beach lands and ground lease tenants (cottage owners) have been expropriated. The leasehold interests of the owners of the cottages located on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 have been valued as of the Valuation Date by the appraiser and the cottage owners have been paid out for their leasehold interest. 7.2 Council authorized the Director of Planning Services to enter into discussion with each of the cottage owners to determine if suitable arrangements could be made for the relocation and/or compensation of their cottages (Recommendation #8 of PSD-112-09). In the meantime, the notices of termination and applications to the Landlord and Tenant Board were issued to protect the Municipality's interests. 7.3 Attachment 1 is the basis for a Memorandum of Understanding with the majority of the cottage owners. The MOU will allow the cottage owners seasonal access to their cottages for the next 5 years based on these cottage owners signing over ownership of their structures to the Municipality and abiding by the conditions set out in the MOU. It is recommended that the Municipality's Solicitor and staff prepare the necessary documents for signature by the parties. 823 REPORT NO.: PSD-050-10 PAGE 8 7.4 As a precondition for the Municipality to enter into the MOU staff will need to inspect the cottages to determine their state of repair, that they are fit for habitation and are in compliance with health, safety housing and maintenance standards. If the cottages do not meet these standards, the cottage owner will have the right to bring them into compliance at their cost. 7.5 The Director of Operations should be authorized to demolish the buildings and structures previously owned by the Port Darlington Harbour Company. This includes all the structures on the lots other than Lots 2,5,6,10,15,17,36 and 39 on Plan 345. 7.6 Once the cottages are removed, the land will require some rehabilitation to ensure that the sand remains stabilized. Engineering Services Staff will work with CLOC to ensure that the measures taken following demolition are appropriate to retain the dune and provide for its protection. Funds for the demolition and rehabilitation work will be drawn from the land acquisition account. Staff Contact: Faye Langmaid Attachments: Schedule 1 - List of Cottage Owners Attachment 1 - Letter regarding MOU Attachment 2 - Plan 345, showing location of cottages owned by individuals Attachment 3 - Nov. 2004 Concept Plan for Port Darlington Waterfront Park - West Beach Attachment 4 - Amendment 2 to Port Darlington Waterfront Park - West Beach Attachment 5 - West Beach Association - annual report Attachment 6 - Letters from Cottage Owners to Council Attachment 7 - Record of Meeting with House Mover Attachment 8 - Letter from Cottage Owners regarding MOU (Under Separate Cover) Attachment 9 - By-law to authorize MOU Interested parties to be notified of Council's decision: Port Darlington Harbour Company Andre Wiggers Construction Co. Limited Chris Williams, Aird & Berlis Karl Anselstetter Robert Hughes Don & Donna Adams Gail & Chuck MacDonald Shirley Fowler Jean Severs Sharon Eccles and Judith Ginou Edwin (Ted) & Lynda Bounsall Gary Cole Bonnie & Tammy Nicholson Mavis Carlton Port Darlington Community Association c/o Glenda Geis 824 SCHEDULE 1 WEST BEACH ASSOCIATION (cottage owners) Name Consent Agreeing to MOU Don & Donna Adams Yes Gail & Chuck MacDonald Yes Shirley Fowler Yes Jean Severs Yes Sharon Eccles and Yes Judith Ginou Edwin (Ted) & Lynda Bounsall Yes Gary Cole Yes Bonnie Nicholson Would prefer compensation CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 825 Attachment 1 To Report PSD-050-10 qgron March 12, 2010 Chuck MacDonald and Gary Cole RE: PROPOSED SETTLEMENT WITH COTTAGE OWNERS ON WEST BEACH FILE NO.: PLN 15.2.1 As discussed during our meeting of March 11, 2010, West Beach cottage owners have a number of options they should consider with respect to the future use of their cottages. Specifically, they could move their buildings off of the West Beach lands, pursue legal action under the Expropriation Act, or enter into a. Memorandum of Understanding with the Municipality. If the cottagers wish to pursue a Memorandum of Understanding (MOU) the principles of such an agreement would have to be presented to and accepted by Council and agreed to by the cottagers. The MOU would provide for the transfer of the participating owners' cottages to the Municipality for a nominal consideration (likely by a simple bill of sale) in exchange for a lease back with seasonal and non-seasonal occupancy. These leases would be annual leases for nominal rent and would be similar in structure to the leases that existed with Port Darlington Harbour Company. The recommendation from staff to Council would be that the Municipality should commit to five years. The MOU and the lease to participating cottagers would contain the following: . An acknowledgement that the road (that is, the continuation of West Beach Road) will be maintained by the Municipality for use only during the periods when seasonal occupancy of the cottages is permitted (May 15 to Sept. 15). . An acknowledgement that all buildings and structures, except those that are leased back to the cottagers on the West Beach lands, will be demolished by the Municipality. An acknowledgement that water and sanitary sewer services are not available and will not be provided by the Municipality. A covenant that each cottager will be responsible for the construction and maintenance of sewage holding tanks or other acceptable method of dealing with sewage as required by the Durham Public Health Department and for the pumping out of the tank or. removal of waste when required at the cottager's cost. . . . C OF(P~RATf:ON ,fi~r"TH E &"~N IC ~'f~~'ITY QF e LA.~TO" . -, ',I.' \ \ :('- ,,- ..., _ " '~( 40 TEMPERANce STREET, BOWMANVILlE, ONTAR'iC{ L 1 C 3A6 T 9o-s:.:e23-3379 826 Chuck MacDonald and Gary Cole West Beach Association Page 2 · A covenant that each cottager will be responsible for the cost of either purchasing, transporting and storing potable drinking water, or maintaining a well with appropriate testing for potable water in accordance with Durham Public Health's requirements. · A covenant that each cottager pay for utilities and property taxes. · A covenant that each cottager maintain their cottage in good repair at their expense. · A covenant by each cottager that it will not drive vehicles or walk on the sand dune area and an acknowledgement that the Municipality will restrict access to the sand dune area by fencing or other means and create designated walkways. · An acknowledgment that the general public will have access to the beach. For the Municipality to enter into the MOU they will need to inspect the cottages to detennine their state of repair, that they are fit for habitation and are in compliance with health, safety, housing and maintenance standards. If the cottages do not meet these standarqs, the cottager will have the right to bring them into compliance at their cost. The inspections would be carried out before the MOU is signed. The MOU would provide for' the withdrawal of the Municipality's applications for orders of tennination currently before the Landlord and Tenant Board with respect to the leases by the participating cottagers. The Municipality would be responsible for preparing the MOU, leases and any other legal documentation necessary to put the MOU in place at their cost. . The MOU would provide for the acceptance by the participating cottagers that it represents their compensation with respect to all claims they might otherwise make under the Expropriations Act. I realize that you will need sometime to discuss these matters with the other members of the West Beach Association. However, I would like a response by early April so that a staff report could be prepared and forwarded to Council well in advance of the hearing date of May 19. Should you have any questions please feel free to contact me. Yours truly, IJv I;,~ Faye Langmaid FL:sn ec: 827 ~<: Attachment 2 To Report PSD-OSO-10 I/) ~ M 2; :s Q.. II 828 Attachment 2 To Report PSD-050~10 '. ,( " ~ l/) ~ M Z < ~ Q. ... f ." r 1:1 , !:!II " r '. ........ ... i i'~ !A " .....- . \ .-~~, '.l ~ "," .f 829 Attachment 3 To Report PSD-050-10 )I !! 3 1:10 3111^NvrtMOa . . r-- ~ / / a: .-' ~ '" / <C /' a. t- z Z <( 0 ...J ~ a: a.. LL a: (!) a: ~ w ~ a: c f- ez: w en d a: <C <( c 3: ~ I.L 0 :x: J Z ....J :>- CJ) Ij 0 <( ~ 19 - 0 4i! a: a: ::) c c t- ~ 9r: :E I- a.. 0 z G w ~ 0 Z () - Z ~ -.J 0 w a: 0 lil: <C c ...J C f- a: 0 c.. . . , . . . . ATTACHMENT NO.: 2 REPORT NO.: EG[)"50-04 . . . . . . c.s= . ~: .. Ii! ! Ii" ;; ~ 'ill i ~ hi I J II il I.Ili Ii' ~ lu~!~ . . . . . .. 830 - . . . ~ yl. !Ii ~;'t' < Ii! .I ~ III t. < J: C/J a: < ~ ~ I a II I _11: - ---- .J:\L ~ --i ..... '<::~ ~ )t33~O .... "- .... "- "- ...... "'---- ~ 3111^NV~MOe dh I ;1 Ii Ibn II II ;I Attachment 4 To Report PSD-050-10 . . . . cs==>. ~: I lal I I' . 7 ~ ~1I i '\dJ hi . . o ~ a: <( D.. I-z z< O..Jz a:O-o .a: I.L. a: 1; J: we () W t- ~ < I- CI) .,.J w <(<u en ~::E ~ t- en z....J >- wO:3~ ~ I-li: ~ · (!)w ~ ~~~ ...Ja: 0 () <( o I- a: o a. a: < i- Z o w ~ < ..J . . !fi !i.JI Ii J" ~ .:,::0 . . . . . . 831 Attachment 5 To Report PSD-050-10 The West l)each Association "Life is better boY the lak~, and we love to share it." September 28, 2009 Ms. Faye Langmaid Manager of the Special Projects Branch The Municipality ofClarington , 40 Temperance Street Bowmanville, ON LIC 3A6 Dear Ms. Barrie, On behalf of our cottage community on the West Beach at Port Darlington I am taking the liberty of writing to you with a progress report on the developments at the beach this year. As you will no doubt recall our association sent a delegation and two speakers to the council meeting of July 13th. and were very impressed with the courteous reception we received. On Sunday, July the 26th we had a very congenial and infonnative meeting with you at the Beach. Again. we were very pleased with the tone and outcome of this meeting and look forward to more dialogue of this nature with the municipality's staff and elected officials. Throughout the spring and the summer the members of our community have worked to improve the appearance and condition of our cottages, and the Beach in general. A brief rundown ofthese.actlvities includes the painting of buildings, repairs to roofs. the rebuilding of sun decks, the trimming of grass, removal of weeds, and the raking of sand around the cottages. Early in the season a general "bee" was held with members removing driftwood and other flotsam and jetsam which had come down the harbour with the spring floods. and deposited itself on the front beach. After this particular cleanup, the sand on the front beach was given its annual rW<ing to make it c~eaner, safer. !l-"l4 more appeslins to ourselves.and the general public. During this past summer We have had the pieasure of receiving many visitors to our Beach; these include several fonner residents of our area as well as many local people from "1JPfown. " Many of these people discovered our Beach for the first time, and were impressed with it and the welcome they received here. One group that I believe deserve special mention are a group of about twelve teenaged boys who live on the Cove Road and come down here several times a year. While on the beach they do a type of surfing! skiing pulled by a rope attached to a motorized winch. These kids are good~ polite and clean cut boys and their surfing is an entertainment enjoyed by all of us. The boys are most welcome here. 832 The West 5each Association "Life is better b~ the lake, and we love to share it." We also had several visits from local artist Ann Drury who has painted a number of pictures of the cottages in our area. All our members have gotten to know Ann, and a few have helped her with her research on the various cottages that she ~ painted. We would recommend that the members of Council and other citizens of Clarington visit her display that is featured in our Town Hall. These paintings are truly outstanding works of art and preserve on canvas an important part of our history, as many of the cottages depicted are derelict, and will likely soon be demolished in the new plan to cleanup the Beach. During the summer we had our usual social events, including card parties, barbeques, community suppers, a pancake breakfast and the annual horseshoe tournament. We also screened a special showing of the Hollywood movie "Killshot", starring Mickey Rourke and Diane Lane. Parts of the film were shot on West Beach and featured some of our cottages. As you will have guessed by now it has been a busy, but enjoyable and rewarding sunimer holiday season for all of us. In closing this letter, the first of what I hope to be an annual report to members of our Municipal Council, I would like to extend a sincere invitation to the members of Council, the citizens of Clarington, and anyone else to come and visit us at any time. We would be happy to have you participate in our activities and enjoy the natural beauty, tranquility and charm of this beach we all love so much. Sincerely, ~c:aA Gary &;-./ . President of the West Beach Association rr.. , .,"." .~.~.,.-,-_. ,,-_..-. , ; ~. .' I " I -. I . or. E,'X,'~::':~ ;:. :JiJ!] ~ . ..,-," "'~)' I ..... _. ..:.~,!, ."..1. 'C, '.. ,'.: j..'tJ..... ..;....-:.. I . 833 Attachment 6 To Report PSD-050-10 J2tdl/ ,'JuG. '~ August 28, 2009 I iIIll writing in regards to the pos,sible continued use of the West Beach 1n BOWDanville as a summer residency. ,I have been connected' to the West Beach 'for over sixty years ancl cmI remember the area as .a vast expanse of white sand. Neglect because of unused cottages and an owner not active 1n preserving the area as Ii sandy beach has allowed it to become covered with coarse twitch grass and other weeds. It would take a herculean effort to clear this growth away thus bringing the beach back to it's original state. ' The lunner residents could perhaps aid in the resto;ation of the sandy beach ~ continue to keep the beach weed-free. We could also keep an eye on the use ancl abuse of the beach along with supervision by town staff. A leue of several years would substantially add to the continuity of obserVAtion and overall care of the area. 'I have had maintenance done' on my cottage th18 year and will continue to do lIOr1t as is 'n~cessary but any large expense will depend on the decisim of council as to the continued use of the' cottages in the summer. We are hoping for good news' in this regard.' When I am unable to come to the cottage ,due to age or' health the use of the cottage' will end. I have been leasing on,a year to year basil but a five-year lease would certainly help w1th plans to keep ,this beach healthy for all who would use it. a;rrt, {.p/~ if I-l& JJ{;;.. . , {,rr ~d<d 'Ie' J()I..(." f1-~~F~' I anxiOUSly await the outcome of the decision 'of council and- the belt. ~~18UT1t; Your~lY' ~,!7 . ..g ~~=":IU COI'YlOl Jean evers g _ g'" g CWI fI CllIIIlL g ...m 0 CllIlPOMI 0_ ~ SEIMlD ... Q _0.... 0.... ~ '. CUIll1 V"~ g IOUClRll 0 TRfMUlIY IEMEI QOlllEll ClSIl'IIiI 1..0 1lAJI 010 ,l 834 '09SEP . 08 PH 2:40:40 a.!~n /07 ~;;!;!;j:! ltfl;W ... ~~,~ Lie J~b . ~. ~IU~ JL~ft~ P (jlM.0 . . U . . !,Ik tCu--tt;,~ CUJ~~ ~ ~J~ 4 ~ ~p." #1 JJ..,j .1)._1/>-4-,) j'/.i..w6J ~ 4 ~~q/~. ~':I:w'~~.A/rWk~J~ ~j~ Mf:~jk-4J. Mfu.Jr~~~ ~ j J ~.( t cv,....J..'J AC4.,~ ~ ~ ~. ..u (J , ._k.~~)'~/~~~ ~~ ' ~ w ~~) ~t;,tI,. ~~j "1 ~ j"J:j~,) ~ kucJ1:':1.~ . ~J.~~h ~jrV41l~]"'Utu, DIS ~ ~~ r- a-,.::hd tV y.v REVIEWED BY J Ai.v-'1t~ t-p..Aiv ~,J ~. =n\.~. ..4~, J,..-v.At"Q.A.vU, ,~~. DlIBTIllfI,:, ~ U Q ~ -,. U COl'Y1O: -: ',.,~' Q MIIlOll" Q ~ Q cao ~.r .~ " i' ",~;,,' .. a..wvV /IPv..v" " "11 Q COIMJIIY QE' ,b~ ~ - .', ' ""'/' . ,Y/(' ~/J. , , CI ..... Q; ',ci..... .... ' CUM'S .. ~ Q IllUClIe. Q 1lIMUilr - '. Q on8 835 '09SEP08 PH 2:40:15 Dear Ms. Barrie, DIST~l'ON REVIEWED IV ~ OIUCIINA&. 10: Q :=. Q COUNcIl Q fIlE IIORIwIOll COPYIO: '.. Q... . Q~ QCAO OfCOtllCt Q=I\'Q~Q~ b ~ IEAQ.. IIIIllI8 Q~ .g.... 8fA'llCfS Q SOUcITOIl Q TRfASUIlY .g- Clal11lf L 7Wl Gary Cole Au~ 31,2009 Ms. Patti Barrie, Municipal Clerk 40 Temperance Street Municipality ofClarington Clarington, ON Ll~ 3A6 I am writing to you as a life long resident of BowmanviUe West Beach and member of our summer cottage community. Our community consists of seven. cottages, all but one of whom are owned by lifelong residents; the one exception bas been in the same hands for over twenty years. We are not recent arrivals and all of us are seni.or citizens. Two ofus are over eighty with the rest being in their sixties and seventies. . Our main concern, now that the municipality has taken over ownership of the land that our cottages occupy, is that the land will be cleared and left in an undeveloped state for many years due to a lack of funds. As this is most likely to be the case, we ask to be allowed to remain on the Beach until the new park is an established reality. Also during the transition period we could act as watchmen for the muriicipality maintaining security in the area. As you know vandali~ is aIwayS a problem in unpatrolled parks; therefore, our continued presence would not create a problem for the town but would, in fact, be a solution for any problems that could arise in the future. Thus, I suggest that our community be allowed to continue to exist in cooperation with the new parle with the current owners receiving what is called a "lifetime lease" on the land from the municipality. This has been done in Prince Edward County's Sand Banks Park and on the . Toronto Islands. Please note that with the advanced ages of our members this would not be a long time as We are . "dying breed" Trusting that you will be agreeable to these fiUr and. reasonable proposals. I remain ~urs, . k7C~ Gary Cole P.S. I hope that as the new park evolves all the grass and weeds are removed leaving the pure white sand I remember as a boy. I would also like to suggest the new park be called the "Port Darlington Sands." ., 836 ~~,m,,- n/~ " ." 4,,-r~ ~ ~~1 (/~, LIC "/~ /J.,' ~". " ~ '!I-- ;::::A;.t..i.~J--t CUAip--. ,J$~r!'~,~r~H qL ,.NW-- a.LP- ~ftA ~~ ~~ ~~ ~r~';"-~P~ ~, ,.' "Ift~ ~~....t_~1/~~~; " ffi,~ ~~".A.~"~(~ t::,/~~J q.~ ~A-<A-~ ~ 8?t-~~' ,,' 7f.e P-'- ~ -r' ..~-",7A ~ ~r-L ,,~~.uL ~ ~-UG ..Jd~ (~~~ ~ .#0 ~tJ-,1..~~~~)' 1i~.uL ~ (U<IL- ~ -+, ~ ~ , ~ -tAd... If /14 /~~..,,>> . ,',' ' , ' " " ~- If!' _or.-, ' --k~~ ~ ~.=;.f.:;,: ' ,'. J. ~,1- ~'7 L1~J,.7Z.... .,~~ ~ r--. .., '.. _ ,___t<-, .' ,.=-... 17 d ~ ,,' J,_ u. LL. : _~'k(~UI ' c.c ,-~ --~.~~ .-.=-......... y.!J. ~ ;!jW<.. .,;;: · - .- , LL fIIL(JfJc.d , , , . ~/tIt,... '09SEP08 .AI110:57:29 837 '09SEP08 N1 8:39:38 Charl~ and Gail MacDo~d August 31,2009 Ms. Patti Barrie, Municipal Clerk 40 Tem~Street Municipality of Oarington Oarington. ON . LlC 3~ Dear Ms. Barrie, I am writing on behalf myself and my wife, whose family have s111lUl'U!l'ed on Bowmanville's West Beach sU\ce the 19208. The cottage we now reside in once belonged to her" Auntie" Edith Robinson. who had local builder Charlie Heal construct it in 1925. 50 for us there is a close and long time connection to the cottage and West Be~ Our objective is to stay here on the West Beach as long as possible, while the new municipal park is being established. We believe that it will take anwnber of years to put the infrastructure in place for the park. Our presence in the area during that period would be a deterrent to acts of vandalism. Hopefully, we can reach an amicable agreement that will be beneficial to both parties. In closing, our years at the West Beach make up a'large part()f our family history and are the source of many happy memories. We have had 80 many good times here over the years with friends and faDuIy. Our wish is that we may spend our "Golden Years" here on the beach that we have grown to love. ." . Sincerely, Chuck and Gall MacDonald 838 . . AGENUA Keyzers, Heather From: Sent: To: ThurSday, september 17, 2009 7:51 PM MayorsEXtemalMailGroup; Foster, Adrian; Novak, Mary. Hooper, .Ron; Woo, Willie; Robinson, jGord; Trim, C~artie Langmald, Faye; Barrie, Patti . . . Fw: Expropriation of the West Beach Lands - Cottage 6: Sharon H ~"" ,.' . Robert Hutchinson. f1.~;(", ,. ~ \"':::-D . . :..,. Cc: Subject: i SEP 3 0 2009 Mayor Abernethy and all Members of Council: I' i ,..:iJt;::~~~~:AliI~JGroN Thank you for taking the time to IIster'l to our stories and presentations of our past history at the . FleE As mentioned. our family and others, have spent their summers at the cottages since we were children. My father is now 92, has been going to Bowmanvlll~ since he was a child when his parents had a cottage on the Cove Road. Our cottage #6, built by my Grandfather. Assisted by my Uncle "Bruce Bakewell" . who Is now at 93, remembers the cottage to this day. My uncle, still In good humour, has however Indicated that his warranty wort< is completed. We would appreciate the opportunity to remain summer residents of the West Beach at least until which time the Town commences the part< development and if realistip, as part of the part< thereafter. Our presenSe at the beach would assist with security and our financial contribution in the way of rent, taxes and support of local retailers, will conlribute to the local economy. This year to date, our rent and taxes total approximately $2,000. and In addition, apart from Gas ~pts for our vehicles, our family has spent at least an additiOnal $3,000. In BowmanvlUe, In recent ye!lrs, renovation material for our cottage, roofing, siding, appliances, plumbing, &!led etc. has been purcha~ locally. We look forward to hearing from you with regard to the proposed lease agreement for future years. As YOU cen understand, if we were more certain of our future, we would offer more time and attention to our gardens and exteriors. The derelict buildings and abandoned vehicles, would not be missed If the town were to remove the unsightly ones. It is a sad situa~n that these buildings have become what they are as we have fonder memories of better times. When the town plans to remove the "white" cottage to the north of ours, we would appreciate advanced notlc;e so that we cen move our shed to ilvoid damage as It is adjacent to this building. Awalt your advise. Best .Regards, Sharon Eccles for the owners of Cottage DIST~N IIfWwEDIY ~"" llUlECllOll r;t QJIIQ. Q FU COPY"" IfOIUMrqj Q *WIll CC Faye Langniald CC Patti Barrie MUNICIPALITY OF CLARINGTOr~ PlANHING DEPARTMENT Q ..... cr COI.IQ Q /:AI) Q =r Q =" Q @OGBcy Q _ IDlI'I:fs =---- Q!IA!ICIIII. Q- ClII11 -......... =. Q IllUI:Inlll Q lIIAIlIIr Q emu --ClUrI_ LOt WI r-- 839 Attachment 7 To Report PSO':050-10 Record of Meeting January 7, 2010 Peter Katcher, Owner of Pollard the Mover, House Movers Faye Langmaid, Manager of Special Projects, Municipality of Clarington Met on Site as West Beach to determine if the seasonal tenants cottages could be moved and the possible costs and issues associated with moving them. Don and Donna Adams Could be moved $7,500 to $8,000 (remove veranda) Gail and Chuck ~otreconanaended Overall dimensions a problem MacDonald Shirley Fowler Could be moved $7,500 to $8,000 (remove addition at side) Jean Severs ~ ot reconanaended Additions would have to be removed; roof has about 8 layers-carrying considerable weight Sharon Eccles ~ot recommended Length is 47' and width is 26' (Hutchinson) Ted and Lynda ~otreconanaended Additions would have to be Bounsall removed Gary Cole ~otreconanaended 2 storey-height would be an issues as would overall size In Peter's opinion these cottages would have to be moved a far distance to another property that required a seasonal dwelling, somewhere like Kinmount or further north as a hunt camp. Buildings that are being moved are often inspected by the building inspector of the Municipality (they are being moved to) to ensure that they meet current code. These buildings might require upgrades to electrical, plumbing and other aspects to meet code requirements. The limiting factor for the move is the route that the buildings have to exit. West Beach Road is not very wide, tree trinanaing would be required as would the lifting of hydro lines which are fairly low (the buildings have peaked rooves and may not fit under the lines). There is another low wire cross road wire where West Beach Road turns towards Port Darlington Road. There is a pinch point on West Beach Road where there are 2 hydro poles, one on each side of the road with clearance between being 25 feet. The trees that require trinanaing are on private property or CLOCA lands and permission would have to be obtained. 840 Attachment 9 To Report PSD-050-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to authorize the execution of the Memorandum of Understanding between the Corporation of the Municipality of Clarington and Don and Donna Adams _ Gail and Chuck MacDonald Shirley Fowler Jean Severs Edwin (Ted) and Lynda Bounsall Gary Cole Sharon Eccles and Judith Ginou WHEREAS at its meeting of April 26, 2010, the Council of the Corporation of the Municipality of Clarington adopted the recommendation contained in Report PSD-050-1 0; NOW THEREFORE, the Council of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Municipality of Clarington a Memorandum of Understanding between the Corporation of the Municipality of Clarington and Don and Donna Adams, Chuck and Gail MacDonald, Shirley Fowler, Jean Severs, Edwin (Ted) and Lynda Bounsall, Gary Cole, Sharon Eccles and Judith Ginou. BY-LAW read a first and second time this 26th day of April 2010 BY-LAW read a third time and finally passed this 26th day of April 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 841 CI~mglDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 19, 2010 Resolution #: By-law #: N/A Report #: PSD-051-10 File #: PLN 33.4 Subject: PORT GRANBY PROJECT REPORT OF THE END USE ADVISORY COMMITTEE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-051-10 be received; 2. THAT the Report of the Port Granby Project End Use Advisory Committee be received with thanks and endorsed; 3. THAT Frances Brooks and Luanne Hill be thanked for their work in preparing the End Use Report; 4. THAT the Port Hope Area Initiative Management Office and Natural Resources Canada be requested to initiate discussions with the Municipality of Clarington, the Municipality of Port Hope and the Ganaraska Region Conservation Authority with respect to the implementation of the Full Concept prepared by the End Use Committee, including the ownership and management of the subject lands; 5. THAT a copy of Report PSD-051-10 and Council's decision be forwarded to the Port Hope Area Initiative Management Office, Natural Resources Canada, the Municipality of Port Hope, the Ganaraska Region Conservation Authority, Frances Brooks, Luanne Hill, and the Southeast Clarington Residents Association; and 6. THAT all interested parties listed in Report PSD-051-10 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 842 REPORT NO.: PSD-051-10 PAGE 2 Submitted by: JAS/df 12 April 2010 d ~Y0cc Reviewed by: Franklin Wu, Chief Administrative Officer 843 REPORT NO.: PSD-051-10 PAGE 3 1.0 BACKGROUND AND PURPOSE OF REPORT 1.1 The Port Granby Project, as part of the Port Hope Area Initiative, involves the excavation of approximately 500,000 cubic metres of low level radioactive waste and marginally contaminated soils from the existing Port Granby Waste Management Facility located south of Lakeshore Road. The excavated waste and soils will be interred in a new long term waste management facility (L TWMF) to be constructed in the vicinity on lands north of Lakeshore Road. Both the existing waste site once remediated and the new L TWMF will be licensed by the Canadian Nuclear Safety Commission (CNSC). (Note: The Port Hope Area Initiative Management Office (PHAI MO) replaced the Low Level Radioactive Waste Management Office in 2009 as the proponent for the Port Granby Project. For ease of reference, this report will only refer only to PHAI MO as the Project proponent.) 1.2 Cameco Corporation currently owns and operates the existing waste management facility under licence from the CNSC. It also owns the lands on which the new L TWMF will be located. In total, Cameco owns 270 ha of land in the Port Granby area, including a 19 ha parcel located in the Municipality of Port Hope (see Attachment 2). Pursuant to the provisions of the Legal Agreement that governs the Port Hope Area Initiative, the Government of Canada has agreed to purchase all of these lands from Cameco once the CNSC has issued a license to permit the Port Granby Project to proceed. 1.3 Specific end uses for the existing and new waste facilities have not been clearly articulated, although passive recreational uses have generally been assumed. Proposed end uses for the licensed sites will be subject to CNSC licensing requirements and will need to be assessed to ensure that the safety requirements of the CNSC licence for the sites can be maintained. As such, the Long Term Maintenance and Monitoring Plan for the licensed sites, which will be required as part of CNSC licensing documentation, will need to include a sufficiently detailed description of the proposed end uses for the two sites. 1.4 In 2007, PHAI MO and the Municipality of Clarington together established an End Use Advisory Committee. The Ganaraska Region Conservation Authority (GRCA) and two Port Granby area residents also sat on the Committee, which was assisted in efforts by landscape architects and ecologists from the consulting firms Envision and AMEC. 1.5 The initial focus of the Committee's work was to develop end use plans for the existing and new waste management facilities thatwould restore and enhance their ecological and natural heritage characteristics. However, the Committee also recognized the opportunity to enhance the local and regional natural heritage system by restoring linkages between the unique wildlife habitats found on the Lake Ontario shoreline and the north-south wildlife corridors provided by local streams. Accordingly, the Committee expanded its focus to include all of the future federal land holdings referred to in Section 1.2 above in the Port Granby area. 844 REPORT NO.: PSD-051-10 PAGE 4 1.6 The purpose of this Staff report is to provide an overview of the final report of the Port Granby Project End Use Advisory Committee, and to recommend Council endorse the end use concept for all of the future federal lands in the Port Granby area as presented in the Committee's report. . 2.0 DESCRIPTION OF SUBJECT LANDS 2.1 The various parcels of land that will be acquired by the federal government and that were the subject of the End Use Committee's efforts, as identified on Attachment 2, are as follows: . Parcel1A (17.5 ha) - the existing Port Granby Waste Management Facility currently licensed by the CNSC; . Parcel 1 B (16.8 ha) - the western portion of the same property as the existing waste site but not used for waste storage or licensed by the CNSC; these lands are currently cultivated except for the area along the shoreline; . Parcel 2A (approximately 50 ha) - the site of the new L TWMF, plus the lands immediately adjacent to the new waste mound; these lands are currently cultivated; . Parcel 2B (approximately 28 ha) - the remainder of the lands north of Lakeshore Road between Elliott Road and Nichols Road; these lands are also currently cultivated; · Parcel 3 (56.73 ha) - the lands located north of Lake shore Road between Nichols Road and Townline Road; the Port Granby East Ravine occupies the southern portion of the property; the northern portion of the property adjacent to the eN rail corridor is currently cultivated; · Parcel 4A (31.3 ha) - the lands adjacent to the Lake Ontario shoreline immediately to the east of Elliott Road; these lands are currently cultivated except for the area along the shoreline; · Parcel 4B (19 ha) - the lands located in Port Hope that are contiguous with Parcel 4A; the Port Granby East Ravine occupies the northern portion of the site while the southern portion adjacent to Lake Ontario is currently wooded; · Parcel 5 (50.5 ha) - the lands located north of Lakeshore Road and west of Elliott Road; a small section is located between the CN and CP rail corridors; portions of the Port Granby Creek valley are found on these lands; much of these lands is currently cultivated, some is wooded. 2.2 Parcel1A (existing waste site) and Parcels 2A (L TWMF) and 28 (adjacent lands) together have an area of approximately 96 ha. The balance of the lands to be acquired by the federal government from Cameco (Parcels 18, 3, 4A, 48 and 5) has a total area of approximately 174 ha. 845 REPORT NO.: PSD-051-10 PAGE 5 3.0 SUMMARY OF THE END USE COMMITTEE REPORT 3.1 The End Use Committee developed an "Environment First" Vision for all of the lands to be acquired by the federal government in the Port Granby area. This vision emphasized ecological health and public health and safety, and stated that the end uses for these Ic;lnds should reflect and enhance the rural character of the area, adhere to a landscape ecology approach and the Province's Greenbelt policies, and be viable and sustainable for the long term. 3.2 Building on the guidance provided by the End Use Committee, the consultant sought to develop landscape design concepts that would conserve, restore and enhance the natural heritage system in the area by creating a diversity of habitats including interior forest habitat, and building regional linkages that would support ecological connectivity for native plants and animals. Three end use concepts (Meadow Concept, Forest Concept, and Agricultural Concept) were developed by the consultant and presented to the Committee and the public for their consideration. Each concept provides for the restoration and enhancement of the natural heritage system and its ecological functions, although with varying degrees of agricultural land and forest habitat. 3.3 Based on comments provided by the public and further discussion by Committee members, the Committee determined that the Forest Concept best supported the vision expressed by the Committee and should serve as the basis for the development of the Preferred Plan. 3.4 Overview of Preferred End Use Concept 3.4.1 The Preferred End Use Concept consists of two concepts - the Preferred Full Concept which encompasses the entire 270 ha of future federal lands, and a Partial Concept which addresses only the existing waste site (ParceI1A) and the future L TWMF (Parcels 2A and 2B). The Preferred Full Concept and the Partial Concept are presented on Attachments 3 and 4 respectively. 3.4.2 The basic approach to the ecological restoration (end use) of the lands included in the Partial Concept (existing and future waste sites) is the same as that proposed for these parcels in the Full Concept. The existing waste site would be forested to stabilize the coastal bluff habitat and to support migrating birds, while the treatment ponds would be restored to provide critical wetland habitat for birds, mammals and amphibians. 3.4.3 A key element of the Preferred Concept is the visual integration of the new waste storage mound into the landscape. This will be accomplished through reshaping, regrading and re-orienting the proposed mound to resemble a drumlin which is a common physiographic feature in the area. The adjacent lands on Parcels 2A and 2B would be restored to upland forest, including a dense landscape buffer along the north side of Lakeshore Road, to provide a visual barrier to the new waste mound. A visual analysis undertaken by the consultant confirmed that the visual impact of the 846 REPORT NO.: PSD-051-10 PAGE 6 waste mound would be minimal and limited almost entirely to within the site if the recommended landscape restoration strategies are implemented. 3.4.4 It should be noteq however, that the final location and shape of the waste mound will need to be further developed and refined during the detailed design stage of the Port Granby Project. This will confirm the extent to which the engineering design requirements, including the low permeability mound cover, can be adapted in order to accommodate the visual appearance objectives of the end use and the engineering requirements for the waste mound. 3.4.5 The Full Concept provides for the establishment of substantial east-west forest links on the north side of Lakeshore Road; forest links along the railway corridor to connect Port Granby Creek to the west with the Port Granby East Ravine to the east; and expansion of the east-west coastal bluff habitat along Lake Ontario. The habitat value of the parcels associated with the two creeks would be enhanced with the restoration of lowland forest to increase the opportunity for interior forest communities, the habitat value of the coastal bluff habitat, and to support migrating birds, insects and other fauna. Agricultural uses are proposed to be maintained on the northern part of Parcel 3 adjacent to the rail corridor and in the sections of Parcels 1 Band 4 adjacent to Lakeshore Road. 3.4.6 The End Use Committee has suggested that the land holdings included in the Full Concept be named "The Lakeshore Road Management Area". 3.5 End Use Committee Recommendations 3.5.1 The End Use Committee has submitted the following recommendations to the municipal and federal governments: · That the landscape design strategy for the above-ground mound as a natural landform, blending in with the surrounding geographical features of the region, be adopted and integrated into the detailed design of the Port Granby Project; · That the overall ecological restoration and conservation landscape concept presented in the End Use Committee's report be adopted for the entire 270 ha Port Granby Project study area; and · That further investigations and negotiations should be undertaken to develop a public trust or another publicly controlled organization to oversee the governance of the ecological vision set out by the Advisory Committee for the lands not under CNSC license, and to coordinate landscape management on the lands under CNSC license to harmonize and integrate with the overall concept for the area. 847 REPORT NO.: PsD-051-10 PAGE 7 4.0 PROPOSED LAKEsHORE ROAD MANAGEMENT AREA 4.1 Policy Context 4.1.1 The protection and enhancement of natural heritage systems is a key objective of both provincial and municipal policies. The Provincial Policy Statement states that "The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features." Policies supporting the enhancement of natural heritage systems are found in both the Durham Region Official Plan and the Clarington Official Plan. 4.1.2 The Port Granby end use study area is located in the West Lake Ontario watershed. The Ganaraska Region Conservation Authority has recently completed a Watershed Plan for this watershed (Lovekin Creek, Bouchette Point Creek, and Port Granby Creek) which was recently presented to Council (March 29, 2010). The Watershed Plan contains policies that encourage the strengthening of the natural heritage system by reducing habitat fragmentation and promoting connectivity. Council received the Watershed Plan and referred it to staff for consideration through the Official Plan review. 4.1.3 In addition, the Authority's 2009 Watershed Report Card gave the West Lake Ontario watershed a Grade C due to its low percentage of forest cover (21.3%), of which only 3.3% is considered as interior forest. As such, the establishment of additional forest cover in this watershed, especially interior forest, would support the natural heritage objectives of both the Watershed Plan and the Municipality's Official Plan. 4.2 Natural Heritaae Opportunities 4.2.1 The Port Granby area is characterized by a number of significant natural features that, with appropriate restoration and management, could provide the structure for enhancing the local natural heritage system and integrating it with the regional natural heritage system. The Lake Ontario shoreline is an important wildlife corridor and habitat for plants and animals especially migratory birds. Of particular note are the Port Granby East Bluffs which occur along the entire shoreline of the End Use study area and which have been recommended for a Significant Natural Area designation. The shorecliff communities found along these bluffs are not found anywhere else along the Lake Ontario waterfront and may even be unique in Ontario. 4.2.2 Both Port Granby Creek and the Port Granby East Ravine have also been recognized as environmentally significant. They currently function as important natural corridors linking the Lake Ontario shoreline to areas further north. Their corridor functions could be enhanced by ensuring that a diversity of wildlife habitats, including much-needed interior forest habitat and wetlands, are created within the ravines and on adjacent lands. The establishment of forested areas north and south of Lakeshore Road would significantly enhance the connectivity within both the local and regional natural heritage systems. 848 REPORT NO.: PsD-051-10 PAGE 8 4.3 Issues to Consider 4.3.1 The location of a number of significant natural heritage features on a large tract of publicly owned land represents a unique opportunity to maximize both environmental and community benefits. However, a number of issues must be resolved in order for these benefits to be realized. 4.3.2 The single most important issue to be considered is the federal government's intentions with respect to the lands not required to implement the Port Granby Project. The existing waste site (ParceI1A) and the lands required to construct and provide for the long term management of the L TWMF (Parcels 2A and 2B) occupy approximately 96 ha and will remain in federal ownership. The residual lands (Parcels 3, 4 and 5) have a total area of approximately 174 ha and consist for the most part of valleylands and lands leased for agriculture. 4.3.3 It is recognized that Natural Resources Canada (NRCan), representing the interests of the Government of Canada, must also approve any concept for the use and future ownership of Crown-owned lands. As such, a draft of the End Use Committee's report was provided to NRCan in fall 2009 for their review and comment. NRCan's response letter (Attachment 5) indicated, in part, that: "..... there is no clear program requirement of the Crown to maintain possession in the long term of those lands not required for the L TWMF after the implementation phase has been completed. Further, NRCan would need to seek special authority in order to divest the ownership of the non-licensed lands in a manner different from that outlined by the government policy. Natural Resources Canada, as the representative of the Government under the Legal Agreement, remains committed to an ongoing consultative working relationship with the Municipality of Clarington and encourages the Port Hope Area Initiative Management Office to seek Clarington's perspectives and interests with respect to alternative options regarding ownership of non-licensed land." 4.3.4 The End Use Committee's report acknowledges that there are a number of logistical hurdles to overcome in order to implement the full ecological restoration concept for all of the federal lands. The report has recommended that PHAI MO, the Municipality of Clarington, the Municipality of Port Hope and the Ganaraska Region Conservation Authority explore the possibility of establishing a "Port Granby Alliance" that could assume ownership of the non-licensed lands and the responsibility for, long term monitoring and stewardship of the properties. The Alliance could be modeled after other organizations such as the Rouge Park Alliance, where the property is owned by either the municipality or the conservation authority. The management of the Alliance would be through a multi-stakeholder Management Committee that would include representation from the Municipalities of Clarington and Port Hope, the Conservation Authority staff, and the local community. 849 REPORT NO.: PsD-051-10 PAGE 9 5.0 CONCLUSIONS 5.1 The Port Hope Area Initiative Management Office has initiated the work on the documents needed to obtain a licence from the CNSC to begin the construction phase of the Port Granby Project. This work includes the preparation of detailed designs for the new long term waste management facility and the Long Term Maintenance and Monitoring Plan for both of the licensed sites. Council approval of an end use concept for these lands is necessary to ensure that this work can proceed on schedule. 5.2 The End Use Committee's proposal to reshape the new waste mound to resemble a naturally occurring landform found in the Port Granby area is an innovative approach to minimizing the visual impact of the new waste mound and to integrating the mound into the local landscape. The Committee's end use concept also recognizes the ecological significance of the existing waste site and the importance of enhancing its unique natural attributes. As such, the recommendation is to endorse the Committee's proposals for the end use of these two sites. 5.3 Council's endorsement of the Full End Use Concept proposed by the Committee, would recognize the significant natural heritage attributes of the Port Granby area and represents a unique opportunity to implement provincial and municipal policy to protect and enhance the natural heritage system. The concept needs to be further developed and a number of logistical hurdles will need to be overcome in order for the full concept to be implemented, including the ownership of the land, management structure, and funding arrangements to support the implementation of the concept. Discussions with the federal government and other involved parties will allow these and other issues to be explored and resolved. Staff Contact: Janice Szwarz and Faye Langmaid Attachments: Attachment 1 - Glossary of Terms Attachment 2 - Map of Subject Lands Attachment 3 - Full Ecological Restoration Concept Attachment 4 - Partial Ecological Restoration Concept Attachment 5 - Letter from Natural Resources Canada, December 22, 2009 Attachment 6 - End Use Report Distributed Under Separate Cover List of interested parties to be advised of Council's decision: Dave McCauley Christine Fahey Eugene Todd Linda Laliberte Frances Brooks Luanne Hill Vito Binetti Wayne Boucher Mr. T. Casha Ray Coakwell Walter Burman Rosemary Cooper Marion and Stuart DeCoste Frederic DeSourdy 850 REPORT NO.: PsD-051-10 PAGE 10 Robert Edgar Mel Edwards Penny Ewington Janice Fenton Betty and Stephanie Formosa Lori Graham Luanne Hill Gord Jackson Susan Kinmond Maria Kordas-Fraser Marc Landry Jane Lawrence Brian Layng Eric Leeuwner Michelle MacDuff Gerry Mahoney and.Bonnie McFarlane Andrew McCreath Joanne McNamara Rupert McNeill Tim and Laurel Nichols Dora Nichols Carole Owens Garfield Payne James B. Robertson Linda and Paul'Ryerse Sarwan Sahota Ken Shrives Barb Spencer John Stephenson Brand and Penny Stripp Rob and Kim Studt Midorj Tanabe Harvey Thompson Rosemary Tisnovsky Stan Tisnovsky Julie Tutla Richard Walker Mary and Harry Worrall 851 Attachment 1 To Report PSD-051-10 GLOSSARY OF TERMS CNSC Canadian Nuclear Safety Commission GRCA Ganaraska Region Conservation Authority L TWMF Long Term Waste Management Facility NRCan Natural Resources Canada PHAI MO Port Hope Area Initiative Management Office 852 - . Gl> t: ~ .- Ql >-o"'E .c I 0 Ql C -' tll 0)'" tll E .2 tll g ~ ~ 'C t: ..... t!)ClItllftle t::~O:::Ea.. o 0)_ Ql a..t:Gl_ o > III I -J ~ ~ ~ Q)- 0.0. ttl 0> o 0 (f) C '00 ffiu ....Jt: Q).!2> (f)Vj ::::>0> "00 C UJ t: 8. Q> tr >- 'Cl .2 jijl/) cE Q>Q> EE ern 011) '5 =: iD~ to ~ <( N>-, ~"C :J::J C) ..... i:i:Cf) C1) :!: Cf) III .Ii: ?:> >'Ill :a-g (f) ;;;J ~S e!. ~ '0 t:g 11&~ j II ~ n ~ \.0' (. . &1' 5'~~ ~.~g -~,r( " /f,- E ~_.~ l~~~ - o >,C -0 ="5> ~c :~n~ c- ::;U 2 c g.". 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Q) (,) ctl c: ~o Q)() ~ ::l - 0') CO u:::e CO c.. 2 ro u C/) o ..... ..... o Z ,.*~ ~ ~ 51 ~ N ~ "~ ~ o .g 10 E o QI ..>< '" .J ---'" --- ;'---'''' \, ;. ~. -- J:' t-\uacnmem 4 To Report PSD-051-10 d ~ <it ?'~ ij ~ " ~ z .~" 0 ~i 855 Attachment 5 To Report PSD-051-10 1+1 Natural Resources Canada Ressources naturelles Canada Ottawa. Canada K1A OE4 DEe 2 2 2009 Ms. Christine Fahey Port Hope Area Initiative Project Director Atomic Energy of Canada Limited Chalk River Laboratories Chalk River, Ontario KOJ 1 JO Dear Ms. Fahey: I am replying to your letter dated October 19,2009 regarding the transmittal of the Port Granby End-Use Landscape and Design Concept Proposal Report. NRCan has now reviewed the report and acknowledges the commitment and insight provided by the End-Use Advisory Committee towards the preparation of conceptual plans for a sustainable and suitable design for the Port Granby Long-Term Waste Management Facility (L TWMF). With respect to the shaping and orientation of the L TWMF, we share your view that advancement of this aspect of the concept will require coordination with the detailed engineering design of the facility to confirm the overall feasibility of such recommendation. With respect to the proposal of the ecological restoration plan for the full 600+ acre property at Port Granby, there is no clear program requirement of the Crown to maintain possession in the long term of those lands not required for the LTWMF after the implementation phase has been completed. Further, NRCan would need to seek special authority in order to divest the ownership of the non-licensed lands in a manner different from that outlined by the government policy. Generally, real property acquisitions and disposals are governed by Treasury Board acts, policies and directives that detail the responsibilities and requirements of all parties involved in these transactions. Treasury Board policy states that federal real property disposal must be done at fair market value and following a set circulation order (federal, provincial, municipal, public). A Treasury Board Submission is required to waive Treasury Board policy for Fair Market Value or to give a First Right of Refusal Option to the municipality . In accordance with the Legal Agreement, the Crown is to maintain possession, for the long term, of the land on which the proposed facility rests. End-use considerations will need to be taken into account, on a case-by-case basis, in defining the most appropriate strategy for the disposition of the remaining properties. After the L TWMF site is closed and long-term Canada 856 monitoring has been established, it is expected that the property could be subdivided to allow disposal of those portions of the property not required for the purpose of the LTWMF. In the interim, "a license to occupy" between the Municipality and the Crown to cover passive use of publicly accessible portions or similar arrangements could be carefully considered by the Crown among viable options to cover public access, for passive use. Natural Resources Canada, as the representative of the Government under the Legal Agreement, remains committed to an ongoing consultative working relationship with the Municipality of Clarington and encourages the Port Hope Area Initiative Management Office (PHAI MO) to seek Clarington's perspectives and interests with respect to alternative options regarding ownership of non-licensed land. We recognize the importance and the benefits of ensuring that both the Municipality and local stakeholders are well-infonned of the pros and cons regarding various arrangements to cover public access for passive use as well as the Crown's obligations and constraints. I trust the above statements will assist you in further discussions with Clarington on this topic. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, ~~0 , b David McCauley -0 . Director, Uranium and Radioactive Waste Division Electricity Resources Branch, Energy Sector 857 CJggpn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 19, 2010 Resolution #: By-law #: N/A Report #: PSD-052-10 File #: ZBA 2009-0009 Subject: APPEAL OF ZONING BY-LAW AMENDMENT APPLICANT: GREEN MARTIN HOLDINGS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-052-10 be received; and 2. THAT all interested parties listed in Report PSD-052-10 and any delegations be advised of Council's decision. Submitted by: Reviewed by: cJ~~,~ SLA, MCIP Janning Services Franklin Wu, Chief Administrative Officer FUdf 12 April 2010 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 858 REPORT NO.: PsD-052-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Green Martin Holdings Ltd. 1.2 Proposal: To rezone the subject lands from "Agricultural (A)" to "Holding - Urban Residential Exception ((H) R2-73) Zone" to permit the development of two (2) single detached lots fronting onto Boswell Drive 1.3 Area: 0.138 ha 1.4 Location: Part Lot 17, Concession 1, Former Town of Bowmanville (Attachment 1) 2.0 BACKGROUND 2.1 On June 12, 2009, an application submitted by Green Martin Holdings Ltd. for the development of two (2) single detached lots fronting onto Boswell Drive was deemed complete. The subject lands, being Block 98 in Plan 40M-1904 registered December 1997, had originally been set aside to be developed in conjunction with abutting lands to the west, outside of the Bowmanville urban boundary. 2.2 A decision was made on March 22, 2010 by Clarington Council to deny the Zoning By- law Amendment application. Council, in their decision, found the proposal to be an inappropriate development. A copy of Council's resolution in its entirely is contained in Attachment 2. 2.3 The applicant subsequently appealed the decision of Council on the proposed Zoning By-law Amendment to the Ontario Municipal Board (OMB). A copy of the applicant's appeal letter is contained in Attachment 3. 2.4 Municipal staff produced a report recommending approval of the Zoning By-law Amendment for Green Martin Holdings Ltd. As such, in addition to retaining a solicitor to represent the Municipality, Council will need to retain appropriate consultants to defend the decision. The CAO will present a separate, confidential report to Council on this matter. There were no other appeals made of the application from outside parties. 2.5 At this time, a date for'an OMB hearing has not been set and the applicant has indicated that they do not believe the matter would benefit from a Pre-Hearing conference. Staff Contact: Faye Langmaid 859 REPORT NO.: PsD-052-10 PAGE 3 Attachments: Attachment 1 - Key Map Attachment 2 - Decision of Clarington Council Attachment 3 - Appeal of Zoning By-law Amendment Letter List of interested parties to be advised of Council's decision: Kelvin Whalen Kenneth and Marilyn Bromley Tina Leblanc Stewart Bennett and Penny Roote Tim MacDonald and Elizabeth Higgins Tracey Smith Stephen Hogan Brendan and Melissa Esler . 860 .!! ~ C ftI E i: o a:l Q. ftI == c i II u o ..J ~ CIl Q. e Q. / / / / / / / / / / / / , / ~~ Q~ ~",,,, rb~ <QO <( J;tJO /61 , '~" ~~\; &<>~ "'~, c:5 . ~. iis'P ~ ~ ~q,. '" on ,.: 118.175 ~ Attacnment , To Report PSD-052-10 - c Q) en E 0" o c ~ ~ 0<C ~ ~ <(~ mm NO) c .c o N II) 0) c :e; '0 ::E: c 1:: ftS :IE c Q) ! C) ..: Q) c ~ o I I I 19( II -YtJO . /61 , .. 861 Attachment 2 To Report PSD-052-10 Council Meeting Minutes - 24- March 22, 2010 THAT a grant in the amount of $2,500 be approved for the Tyrone Hall Board. "CARRIED" Item 42 Resolution #C-128-10 Moved by Councillor Novak, seconded by Councillor Hooper WHEREAS the Clarington Council has duly considered the applications submitted by Green Martin Holdings Ltd to amend the Comprehensive Zoning By-law 84-63; WHEREAS the General Purpose and Administration Committee made a recommendation to Council to "deny" the application; WHEREAS Council has concerns with the proposal as the physical massing of the buildings is out of character with the surrounding neighbourhood; WHEREAS Council has concerns that on-street parking at this location could be a safety concern; WHEREAS, despite the efforts of Green Martin Holding Ltd to address concerns of the immediate adjacent residents, Council has concerns with respect to the information that was provided to residents on the future use of these lands; WHEREAS Council has concerns that the developer or their agent made representations to purchasers that may not have provided an accurate portrayal of the future use of the lands; WHEREAS after duly weighing the materials provided by Green Martin Holding Ltd., the concerns of the neighbouring residents regarding on-stre"et parking and the , building massing, Clarington Council has determined that the approval of the Green Martin Holding Ltd application is not in the public interest; THEREFORE BE IT RESOLVED THAT Report PSD-027-10 be received; THAT the application to amend Zoning Bylaw 84-63 submitted by Green Martin Holding Ltd (File ZBA 2009-0009) be refused; and THAT the Region of Durham, the applicant and all interested parties listed in Report PSD-027 -10 and any delegation be advised of Council's decision. . "CARRIED" 862 .lOAPR07 PM12:49:1B .~ Attachment 3 To Report PSD-052-10 DAVIS. LEGAL ADVISORS SINCE 1892 LLP FROM THE OFFICE OF DIRECT LINE DIRECT FAX E-MAIL Alexis Alyea 416.369.5262 416.369.5205 aalyea@davis.ca FILE NUMBER 66594-00 05 DISTRIBUTION let REVIEWED BY April 6, 2010 DELIVERED BY COURIER ORIGINAL TO: 1:1 COUNCIL 1:1 COUNCIL 1:1 FILE DIRECTION INFORMATION COPY TO: 1:1 MAYOR Municipal Clerk Municipality of Clarington, Municipal Clerk's Office 40 Temperance Street Bowmanville, Ontario LIC 3A6 1:1 MEMBERS 1:1 CAD OF COlIICIL 1:1 COMMUNITY 1:1 CORPORATE 1:1 BoIEIlGEJI:Y SERVICES SERVICES SERW:ES 1:1 ENGINEERING 1:1 IlJNlClPAl 1:1 OPERATIONS ;, . ,RVlCES ClERK'S ~ PLANNING IJ SOLICITOR IJ TREASURY SERVICES Dear Sir or Madam: 1:1 OTHER Re: Notice of Appeal pursuant to ss. 34(11) of the Planning Act IIJNICIPAlCLEAK'SRLE Green Martin Holdings Ltd. Ol42..6A aoocr..a:x:>~ Block 98, Registered Plan 40M-1904, Part Lot 17, Concession 1, former Township of Darlington Municipality of Clarington Municipal File No.: ZBA 2009-0009 We act on behalf of Green Martin holdings Ltd., owner of the above noted property in the Municipality of Clarington, Region of Durham (the "Subject Property"). In May, 2009, our client submitted an application for a zoning by-law amendment to the Municipality of Clarington which was deemed to be complete on June 12, 2009 (the "Application"). Despite a recommendation from municipal planning staff to approve the Application, council for the Municipality of Clarington refused to adopt the Application on March 22, 2010. The following serves as a Notice of Appeal for the reason that the Municipality of Clarington has refused to adopt the zoning by-law amendment, as set out in ss. 34(11) of the Planning Act (Ontario ). The Subject Property is a wedge shaped parcel, approximately 0.138 ha. in size, and is a vacant remnant block resulting from the required alignment of a collector road (Boswell Drive). The Subject Property is bounded by Boswell Drive to the east, an existing block of townhouse units fronting onto Shady Lane Crescent to the south, and the western edge of the urban boundary for Bowmanville to the west. There are residential uses to the north, south and east, and an active agricultural strawberry and produce operation to the west. The Application would permit the development of two (2) residential infiII lots. www.davis.ca Davis LLP, 1 First Canadian Place, Suite 5600, P.O. Box 367, 100 King Street West, Toronto, ON Canada M5 TORONTO VANCOUVER MONTREAL CALGARY EDMONTON WHITEHORSE YELLOWKNIFE TOKY Page 2 of3 The Subject Property is designated as "Living Area" in the Durham Region Official Plan. The Subject Property is designated "Urban Residential" in the Clarington Official Plan. The creation of infill lots as contemplated by the Application is in conformity with the Growth Plan, the Regional Official Plan and the Clarington Official Plan, and is consistent with .the Provincial Policy Statement. The Subject Property is zoned "Agricultural (A)" in Zoning By-law 84-63, and a zoning by-law amendment is required to permit the development of the two infill lots. A consent from the Region to sever the lands will be necessary in the future to effect the development of the Subject Property. An application for such is contemplated once the proposed rezoning is obtained. The Subject Property was registered as a future development block, being Block 98, and is subject to the subdivision agreement for plan of subdivision 18T -88047. The block was created as part of a residential development in the late 1990s. At that time, it was thought that the block would be more efficiently developed in the future by combining it with the abutting agricultural lands located outside Bowmanville's western urban boundary to the west. The Greenbelt Plan now shares the same boundary, and the Growth Plan conformity exercise recently undertaken by the Region of Durham. suggests that the urban boundary will not be expanding west of the Subject Property until after at least 2031. As such, it is no longer contemplated that the Subject Property will be developed for residential uses in conjunction with the abutting agricultural lands, and instead the two infilllots are proposed by the Application. The statutory public meeting for the Application was held on September 14, 2009. In response to concerns of staff and the public, the applicant has diligently met with engineering staff and representatives from Bell to ensure the excavation for service connections and the location of the two driveways are appropriate. The applicant also attended an Open House held on October 27, 2009, at which the applicant proposed setbacks to minimize any impacts on adjacent residents. These have been incorporated into the proposed zoning by-law amendment. The Application is in keeping with all applicable land use policies and the subdivision agreement. Staff have recommended approval of the Application as an appropriate use of underutilized, fully serviced land. The Application represents good planning, efficient use of public infrastructure and an appropriate infill development. A planning analysis by Sernas Associates has been submitted to Clarington in support of the Application. Please find enclosed a cheque for $125,00 for the Zoning by-law amendment application appeal, as well as Appellant Form (AI). 864 Page 3 of3 Yours truly, DAVIS LLP Per: EncIs. cc: Kelvin Whalen, The Kaitlin Group Bryce Jordan, Semas Associates Davis:6595429.1 865 ~ ~ Ontario Ontario Municipal Board Commission des affaires municipales de l'Ontario 655 Bay Street, Suite 1500 Toronto, Ontario M5G 1E5 TEL: (416) 326-6800 or Toll Free: 1-866-887-8820 FAX: (416) 326-5370 www.omb,qov.on.ca APPELLANT FORM (A1) PLANNING ACT - Bill 51 (SUBMIT TO MUNICIPALITY/APPROVAL AUTHORITY)' Receipt Number (OMB Office Use Only); Instructions: . Complete one form for each type of appeal you are filing. . A filing fee of $125 is require~ for each type of appeal you are filing. To view the Fee Schedule, visit the Board's website. . The filing fee must be paid by certified cheque or money order, In Canadian funds, payable to the Minister of Finance. . Do not send cash. . Submit your completed appeal form(s) and filing fee(s) to either the Approval Authority or Municipality, as applicable, by the required filing deadline. The Approval Authority/Municipality will forward your appeal(s) and fee(s) to the Ontario Municipal. Board. . Please print clearly throughout the appeal form. . The Planning Act and the Ontario Municipal Board Act are available at www.omb.Qov.on.ca. Date Stamp - Appeal Received by Municipality Part 1: Appeal Type (Please check only one box) SUBJECT OF APPEAL TYPE OF APPEAL PLANNING ACT REFERENCE (SECTION) Minor Variance o A eal a decision o A eala decision or conditions im osed o A eal conditions im osed o Failed to make a decision on the a lication within 90 da s 4512 5319 Consent 5327 5314 D, .- 34 19 Zoning By-law/Amendments D Application for an amendment to the Zoning By-law - failed to make a decision on the a lication within 120 da s . Application for an amendment to the Zoning By-law - refused by the munici ali 34(11) Interim Control B -law D D A o eal a decision of an Interim Control B -law 384 Failed to make a decision on the a lication within 180 da s 1740 Official Plan or Official Plan Amendment o Application for an amendment to the Official Plan - refused by the munici ali D Application for an amendment to the Official Plan - failed to make a decision on the a Iication within 180 da s [J A eal a decision 22(7) 22(7) 5139 Subdivision A eal conditions im osed Block 98. Reqistered Plan 40M-1904. Part Lot 17. Concession 1. former Township of Darlinqton. Municioalitv of Clarinoton Address and/or Legal Description of property subject to the appeal: Municipality: Clarinoton Part 3: Appellant Information First Name: Kelvin Last Name: Whalen Green Martin Holdings Ltd. Company Name or Association Name (Association must be incorporated - include copy of letter of incorporation) Professional Title (if applicable): Vice-President, Land Development. The Kaitlin Group E-mail Address:kiwhalen(Q)kaitlinarouD.com By providing an e-mail address you agree to receive communications from the OMB by e-mail. Daytime Telephone #: Alternate Telephone #: Fax#: Mailing Address: 1029 McNicoll Ave Street Address ApUSuite/Unit# Toronto CitylTown ON Province Country (if not Canada) M1W 3W6 Postal Code Date: Signature of Appellant: Please note: You must notify the Ontario Municipal Board of any change of address or telephone number in writing. Please quote your OMB Reference Number(s) after they have been assigned. Personal information requested on this form is collected under the provisions of the Planning Act, R.S.O. 1990, c. P, 13, as amended, and the Ontario Municipal Board Act, R.S.O. 1990, c. O. 28 as amended. After an appeal is filed, all information relating to this appeal may become available to the public. Part 4: Representative Information (if applicable) I hereby authorize the named company and/or individual(s) to represent me: First Name: Alexis Last Name: Alyea Company Name: Davis LLP Professional Title: Associate E-mail Address:aalvea(Q)davis.ca By providing an e-mail address you agree to receive communications from the OMB by .-mail. Daytime Telephone #: 416.369.5262 Altemate Telephone #: Fax#: 416.369.5205 Mailing Address: 1 First Canadian Place. 100 Kina Street West. Suite 5600 Street Address ApUSuite/Unit# Toronto CitylTown ON Province Country (if not Canada) M5V 1 E2 Poslal ~ Date: ~/ZoIO, (continued on next page...) iilil2 of 5 Signature of Appellant: A1 (Bill 51) Rev. 23/01/2007 Please note: If you are representing the appellant and are NOT a solicitor, please confirm that you have written authorization, as required by the Board's Rules of Practice and Procedure, to act on behalf of the appellant. Please confirm this by checking the box below. [J I certify that I have written authorization from the appellant to act as a representative with respect to this appeal on his or her behalf and I understand that I may be asked to produce this authorization at any time. Part 5: Appeal Specific Information' , 1. Provide specific information about what you are appealing. For example: Municipal File Number(s), By-law Number(s), Official Plan Number(s) or Subdivision Number(s): Municipal file no. ZBA 2009-0009 2. Outline the nature of your appeal and the reasons for your appeal. Be specific and provide land-use planning reasons (for example: the specific provisions, sections and/or policies of the Official Plan or By-law which are the subject of your appeal - if applicable). **If more space is required please continue in Part 8 or attach a separate page. Please see the attached letter. **The following sections (a&b) apply onlv to appeals of Zoning By-law Amendments under Section 34(11) of the Planning Act. a) DATE APPLICATION SUBMITTED TO MUNICIPALITY: MAY 2009 (If application submitted on or after January 1, 2007 please use the OMB1 'Bil/51' form.) . b) Provide a brief explanatory note regarding the proposal, which includes the existing zoning category, desired zoning category, the purpose of the desired zoning by-law change, and a description of the lands under appeal: **If more s,pace is required please continue in Part 8 or attach a separate page. Please see the attached letter. A1 (Bill 51) Rev. 23/01/2007 ~~ of 5 '. Part 6: Related Matters (if known) , , f . ., ". ' Are there other appeals not yet filed with the Municipality? Are there other planning matters related to this appeal? YES r NO . YES D NO . If yes, please provide OMS Reference Number(s) and/or Municipal File Number(s) in the box below: I (P~... Print) Part 7: Scheduling Information How many days do you estimate are needed for hearing this appeal? D half day . 1 day [J 2 days D 3 days D 4 days C 1 week C More than 1 week - please specify number of days: How many witnesses do you expect to have at the hearing? 1-2 Describe witness(es)' area of expertise: Planninq, enqineerina Do you believe this matter would benefit from mediation? Do you believe this matter would benefit from a Prehearing Conference? YES r NO R YES D NO P' If yes, why? Part 8: Other Applicable Information **Attach a separate page if more space is required. Please see the attached letter. A1 (Bill 51) Rev. 23/01/2007 i~~4 of 5 Part 9: Required Fee Total Fee Submitted: $ 125.00 Payment Method: . Certified cheque * r Money Order . The payment must be in Canadian funds, payable to the Minister of Finance. . Do not send cash. *Or Solicitor's general or trust account cheque. A1 (Bill 51) Rev. 23/01/2007 e.1JJ 5 of 5 Cl~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 19, 2010 Resolution #: By-law #: N/A Report #: PSO':053-10 File #: A2010-0007 THROUGH A2010-0014 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 8,2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-053-10 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on April 8,2010 for applications A2010-0007 through A2010-0014, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: . /~"\ ,- /J n "\ IJ. "'"- Reviewed by: U ~ V\....) ~ Franklin Wu, Chief Administrative Officer ~~ RH/CP/df 9 April 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 871 REPORT NO.: PsD-053-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISION OF COMMITTEE OF ADJUSTMENT FOR April 8, 2010 A2010-0007 A2010-0008 A2010-0009 A2010-0010 A2010-0011 A2010-0012 A2010-0013 A2010-0014 rove with cond ition rove with condition roved with condition roved with condition roved roved roved roved roved roved 1.2 Application A2010-0007 was filed to permit the construction of an unenclosed, attached deck by increasing the maximum permitted projection into the rear yard from 1.5 metres to 3.45 metres and by increasing the maximum permitted lot coverage from 40% to 47.5%. Staff recommended approval of the application subject to lot grading being certified prior to the issuance of a building permit. The Committee concurred with Staffs recommendation and approved the application with the condition. 1.3 Application A201 0-0008 was filed to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 6 metres to 5.5 metres and by reducing the minimum required rear yard setback from 7.5 metres to 5.2 metres. Staff recommended approval of the application provided that a minimum rear yard area of 100 square metres is maintained for amenity space. The Committee concurred with Staffs recommendation and approved the application'with the condition. 1.4 Application A2010-0009 was filed to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 4.5 metres to 3.5 metres. Staff recommended approval of the application. The Committee concurred with Staffs recommendation and approved the application. 1.5 Application A201 0-001 0 was filed to recognize a boundary realignment by reducing the minimum required 'agricultural lot area from 40 hectares to 5.7 hectares for the conveyed parcel, by reducing the minimum required agricultural setback from 300 metres to 130 metres from the existing livestock building on the conveyed parcel to the existing house on the retained parcel and by reducing the minimum required setback to the internal zone boundary from 15 metres to 5 metres from the existing agricultural 872 REPORT NO.: PsD-053-10 PAGE 3 shed on the conveyed parcel. Staff recommended approval of the application. The Committee concurred with Staffs recommendation and approved the application. 1.6 Application A201 0-0011 was filed to permit the construction of an unenclosed, attached deck by increasing the maximum permitted lot coverage from 40% to 46%. During a site visit, it was noted that the applicant has an outdoor play structure with a roof in the rear yard, which increases the proposed lot coverage from the requested 46% to 46.6%. Staff recommended approval of the application to increase the maximum permitted lot coverage from 40% to 46.6%. The Committee concurred with Staffs recommendation and approved the application. 1.7 Application A201 0-0012 was filed to permit the construction of a semi-detached dwelling by reducing the minimum required exterior side yard setback from 6 metres to 5.4 metres and by increasing the permitted range of horizontal distance between the interior walls of the two (2) linked dwelling units above finished grade from between 1.2 metres and 1.5 metres to between 1.2 metres and 2.5 metres. Staff recommended approval of the application. The Committee concurred with Staffs recommendation and approved the application. 1.8 Application A2010-0013 was filed to recognize a boundary realignment by reducing the minimum required agricultural lot area from 40 hectares to 4.05 hectares for the retained parcel. Staff recommended approval of the application. The Committee concurred with Staffs recommendation and approved the application. 1.9 Application A2010-0014 was filed to permit the construction of a shed (existing) by reducing the minimum required interior side yard setback from 0.6 metres to 0.58 metres, to permit the construction of an attached deck (existing) by increasing the maximum permitted projection from 1.5 metres to 3.7 metres and to permit the construction of a detached garage and extension of the attached deck (existing) by increasing the maximum permitted total lot coverage from 40% to 48%. Staff recommended approval of the application. The Committee concurred with Staffs recommendation and approved the application. 2.0 COMMENTS 2,1 Staff reviewed the Committee's decisions and are satisfied that applications A2010- 0007 through A2010-0014 are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable, 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A201 0-0007 through A201 0-0014 is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Staff Contact: Robin Heathcote Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment (April 8, 2010) 873 Attachment 1 To Report PSD-053-10 CWJpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SARAH CROSSMAN JAMES SHAY PROPERTY LOCATION: 97 NELSON STREET, BOWMANVILLE PART LOT 12, CONCESSION 1 FORMER TOWN OF BOWMANVILLE A2010-0007 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN UNENCLOSED, ATTACHED DECK BY INCREASING THE MAXIMUM PERMITTED PROJECTION INTO THE REAR YARD FROM 1.5 METRES TO 3.45 METRES AND BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 47.5%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN UNENCLOSED, ATTACHED DECK BY INCREASING THE MAXIMUM PERMITTED PROJECTION INTO THE REAR YARD FROM 1.5 METRES TO 3.45 METRES AND BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 47.5% SUBJECT TO THE FOLLOWING CONDITION: - THAT THE DEVELOPER'S ENGINEER PROVIDE CERTIFICATION OF THE LOT GRADING IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE SUBDIVISION AGREEMENT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD DATE OF DECISION: April 8, 2010 LAST DAY OF APPEAL: April 28, 2010 874 ClJJlJl1glOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: THE KAITLlN GROUP DARLINGTON SPRINGS L TD PROPERTY LOCATION: 2 WOOLACOTT LANE, BOWMANVILLE PART LOT 17, CONCESSION 1 FORMER TOWN OF BOWMANVILLE FILE NO.: . A2010-0008 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 5.5 METRES AND BY REDUCING THE MINIMUM REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 5.2 METRES, DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 5.5 METRES AND BY REDUCING THE MINIMUM REQUIRED REAR YARD SET BACK FROM 7.5 METRES TO 5.2 METRES PROVIDED A MINIMUM REAR YARD AREA OF 100 SQUARE METRES IS MAINTAINED FOR AMENITY SPACE, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. THIS SHALL NOT PRECLUDE THE CONSTRUCTION OF ACCESSORY BUILDINGS AND STRUCTURES. DATE OF DECISION: April 8, 2010 LAST DAY OF APPEAL: April 28, 2010 875 ClfJ!.pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: THE KAITLlN GROUP DARLINGTON SPRINGS L TD PROPERTY LOCATION: 2 BUXTON LANE, BOWMANVILLE PART LOT 17, CONCESSION 1 FORMER TOWN OF BOWMANVILLE A2010-0009 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 4.5 METRES TO 3.5 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 4.5 METRES TO 3.5 METRES, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: April 8, 2010 LAST DAY OF APPEAL: April 28, 2010 876 CllJlpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: 464367 ONTARIO LIMITED/BOB CRAIG 464367 ONTARIO LIMITED/BOB CRAIG PROPERTY LOCATION: 4100 LIBERTY STREET NORTH, DARLINGTON PART LOT 11, CONCESSION 4 FORMER TOWNSHIP OF DARLINGTON A201 0-001 0 FILE NO.: PURPOSE: TO RECOGNIZE A BOUNDARY REALIGNMENT BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL LOT AREA FROM 40 HECTARES TO 5.7 HECTARES FOR THE CONVEYED PARCEL, BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 130 METRES FROM THE EXISTING LIVESTOCK BUILDING ON THE CONVEYED PARCEL TO THE EXISTING HOUSE ON THE RETAINED PARCEL AND BY REDUCING THE MINIMUM REQUIRED SETBACK TO THE INTERNAL ZONE BOUNDARY FROM 15 METRES TO 5 METRES FOR THE EXISTING AGRICULTURAL SHED ON THE CONVEYED PARCEL. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO RECOGNIZE A BOUNDARY REALIGNMENT BY: i) REDUCING THE MINIMUM REQUIRED AGRICULTURAL LOT AREA FROM 40 HECTARES TO 5.7 HECTARES FOR THE CONVEYED PARCEL; , ii) REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 130 METRES FROM THE EXISTING LIVESTOCK BUILDING ON THE CONVEYED PARCEL TO THE EXISTING HOUSE ON THE RETAINED PARCEL; AND iii) REDUCING THE MINIMUM REQUIRED SETBACK TO THE INTERNAL ZONE BOUNDARY FROM 15 METRES TO 5 METRES FOR THE 'EXISTING AGRICULTURAL SHED ON THE CONVEYED PARCEL, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND ~OT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: April 8, 2010 LAST DAY OF APPEAL: April 28, 2010 877 Cl~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: MIKE REDLARSKI MIKE REDLARSKI PROPERTY LOCATION: 122 COURVIER CRESCENT, BOWMANVILLE PART LOT 10, CONCESSION 2 FORMER TOWN OF BOWMANVILLE A2010-0011 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN UNENCLOSED, ATTACHED DECK BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 46%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN UNENCLOSED, ATTACHED DECK BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 46.6%, AS IT MEETS THE INTENT OF B,OTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: April 8, 2010 LAST DAY OF APPEAL: April 28, 2010 878 Cl~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DG BIDDLE & ASSOCIATES LTD HALMINEN BUILDING CORP. PROPERTY LOCATION: 364 BONS AVENUE, BOWMANVILLE PART LOT 13, CONCESSION 2 FORMER TOWN OF BOWMANVILLE A2010-0012 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SEMI-DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 5.4 METRES AND BY INCREASING THE PERMITTED RANGE OF HORIZONTAL DISTANCE BETWEEN THE INTERIOR WALLS OF THE TWO (2) LINKED DWELLING UNITS ABOVE FINISHED GRADE FROM BETWEEN 1.2 METRES AND 1.5 METRES TO BETWEEN 1.2 METRES AND 2.5 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SEMI-DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 5.4 METRES AND BY INCREASING THE PERMITTED RANGE OF HORIZONTAL DISTANCE BETWEEN DWELLINGS FROM BETWEEN 1.2 METRES AND 1.5 METRES TO BETWEEN 1.2 METRES AND 2.5 METRES, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: AprilS, 2010 LAST DAY OF APPEAL: April 2S, 2010 879 qgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ANDERSON & HAMILTON PROFESSIONAL ELIZABETH JANSSENS PROPERTY LOCATION: 6346 CLEMENS ROAD, DARLINGTON PART LOT 9, CONCESSION 6 , FORMER TOWNSHIP OF DARLINGTON A2010-0013 FILE NO.: PURPOSE: TO RECOGNIZE A BOUNDARY REALIGNMENT BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL LOT AREA FROM 40 HECTARES TO 4.05 HECTARES FOR THE RETAINED PARCEL AT 6346 CLEMENS ROAD. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO RECOGNIZE A BOUNDARY REALIGNMENT BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL LOT AREA FROM 40 HECTARES TO 4.05 HECTARES FOR THE RETAINED PARCEL AT 6346 CLEMENS ROAD, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: AprilS, 2010 LAST DAY OF APPEAL: April 2S, 2010 880 Cl!Jlpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SHARRON CZIRAKY SHARRON CZIRAKY PROPERTY LOCATION: 55 PROSPECT STREET, BOWMANVILLE PART LOT 12, CONCESSION 2 FORMER TOWN OF BOWMANVILLE A2010-0014 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SHED (EXISTING) BY REDUCING THE MINIMUM REQUIRED INTERIOR SIDE YARD SETBACK FROM 0,6 METRES TO 0.58 METRES, TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (EXISTING) BY INCREASING THE MAXIMUM PERMITTED PROJECTION FROM 1.5 METRES TO 3.7 METRES AND TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE AND EXTENSION OF THE ATTACHED DECK (EXISTING) BY INCREASING THE MAXIMUM PERMITTED TOTAL LOT COVERAGE FROM 40% TO 48% DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SHED (EXISTING) BY REDUCING THE MINIMUM REQUIRED INTERIOR SIDE YARD SETBACK FROM 0.6 METRES TO 0.58 METRES, TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (EXISTING) BY INCREASING THE MAXIMUM PERMITTED PROJECTION FROM 1.5 METRES TO 3.7 METRES AND TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE AND EXTENSION OF THE ATTACHED DECK (EXISTING) BY INCREASING THE MAXIMUM PERMITTED TOTAL LOT COVERAGE FROM 40% TO 48%, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: April 8, 2010 LAST DAY OF APPEAL: April 28, 2010 881 Cl!!KiQgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: April 19, 2010 Resolution #: By-law #: Report #: PSD-054-10 File #: RE 6.13.6 Subject: SALE OF SURPLUS PROPERTY -182,186,190,194 GEORGE REYNOLDS DRIVE, FORMER TRULLs ROAD FIRE STATION SITE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-054-10 be received; 2. THAT a By-law be passed to confirm and ratify the realty services agreement between the Municipality of Clarington and Ryan Realty Services Ltd.; 3. THAT a By-law be passed to ratify and confirm the Agreement of Purchase and Sale between the Municipality and 1529250 Ontario Inc., including the payment of commission to Ryan Realty Services Ltd. as provided in the Agreement on its completion; 4. THAT a By-law be passed to authorize the sale and transfer of the lands identified as Parts 2,3,4 and 5, Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190, and 194 George Reynolds Drive, Courtice; 5, THAT the net proceeds from the sale of the surplus properties be deposited into the Municipal Acquisition Reserve; 6. THAT staff and the Municipality's Solicitor be authorized to take all necessary actions to complete the transaction; and . 7. THAT all interested partied in Report PSD-054-10 be notified of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLAR1NGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 882 REPORT NO.: PsD-054-10 PAGE 2 Submitted by: Reviewed by: d ~~ ~ Franklin Wu, Chief Administrative Officer IUdf 12 April 2010 883 REPORT NO.: PsD-054-10 PAGE 3 1.0 BACKGROUND 1.1 The former Trulls Road Fire Station property is located at the northeast corner of Trulls Road and George Reynolds Drive in Courtice (Attachment 1). It has 45.64 metres of frontage on Trulls Road, 186.35 metres of frontage on George Reynolds Drive, and a total lot area of 0.95 hectares. In 2005 a new fire station was constructed at 2611 Trulls Road. Council declared the site at the intersection of Trulls Road and George Reynolds Drive as surplus in September of 2006. 1.2 This property is designated Urban Residential and Environmental Protection in the Clarington Official Plan. The EP designation covers a small section of the south east corner. A tributary of the Farewell Creek runs through the eastern portion of the property and this area also contains a provincially significant wetland. Formerly, the site was zoned Agricultural (A) and Environmental Protection (EP) under the former Town of Newcastle Zoning By-law 84-63. In April of 2007 Council authorized the CAO to make application to zone the property so that it could be developed for residential use in conformity with the Clarington Official Plan. 1,3 As per municipal policy for the sale of property where there has been the potential for spills or contamination, Phase 1 and Phase 2 Environmental Site Assessments are completed to determine if there are any contamination issues. The reports indicated some issues, appropriate actions were taken, and a Record of Site Condition was filed on the Ministry of Environment's Environmental Site Registry on April 27,2009. 1.4 An Environmental Impact Study was required as the property contains a portion of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland. CLOCA completed the study for the Municipality and determined that four residential lots could be developed at the western end of the property fronting on George Reynolds Drive. The reminder of the site has been zoned Environmental Protection (EP) and added to the adjacent neighbourhood park. 1.5 In October of 2008 Council approved a zoning by-law amendment to rezone the developable portion of the site to residential use, and to rezone the area to be environmentally protected as determined by the Conservation Authority. The boundaries of the zone changes are indicated in Attachment 2. The residential area contains a Holding symbol which is to be removed upon Council being satisfied that all requirements for development have been met. A separate report will be presented to Council in May to remove the Holding symbol. 1.6 During 2009 the necessary services to these lots were included in one of the Engineering Services Departments contracts so that the lots would be ready for sale in spring of 2010. 2.0 OFFERS TO PURCHASE 2.1 In 2008 there was a proposal call for real estate services for the sale of surplus lands. Council was notified on January 21,2009 by memo that a proposal call for real estate services had been conducted and Mr. Neil Ryan of Ryan Realty Services Ltd. had been 884 REPORT NO.: PsD-054-10 PAGE 4 retained to list municipal properties that had been declared surplus and were being sold on the open market as developable lots. Listing through a real estate agent provides greater exposure on the real estate market than the tendering process. 2.2 The property is being sold as four separate residential Jots. The asking price was determined by Mr. Ryan, an accredited residential appraiser. The most easterly lot, 194 George Reynolds Drive, abuts a woodlot, therefore, its asking price of $130,000 is the highest of the four. The remaining three lots are listed for sale at $110,000 each. All lots were offered for sale at $10,000 above their estimated market value. 2.3 The properties were listed on the Durham and Toronto Real Estate Boards MLS System, their boundaries were staked for ease of identification, and real estate signs were posted on each. The four lots were listed on February 16, 2010 with offers being accepted and opened on March 24, 2010. This "allowed exposure of the lots on the market and provided the Municipality with the ability to evaluate multiple Offers at the same time. 2.4 On March 24, 2010 Offers were submitted to purchase the four lots. 1529250 Ontario Inc. (Stonefield Homes) has offered to buy 194 George Reynolds Drive for $115,000, $100,000/10t has been offered for the two centre lots and $95,000 has been offered for the corner lot abutting Trulls and George Reynolds. Three other bids were also submitted however, 1529250 Ontario Inc. (Stonefield Homes) was the highest offer. The bid includes staggered closing dates on the four lots from May 1 to Dec 22, 2010. The date will be selected by the purchaser. 2.5 The Offers were signed back conditional upon Council approval (Attachment 3). The Agreements indicate that a $5,000 deposit is being held in Trust on each lot by Ryan Realty Services Ltd. 2.6 To safeguard the Municipality and ensure that the grading on the lots meets with the requirements of the Engineering Services Department, grading plans have been prepared by AECOM which indicate the building envelopes and how the developable portion of the properties are to be graded so that there is no affect on the environmental lands or adjacent properties. The Agreement of Purchase and sale states that the buyer is aware they are to adhere to the lot grading plans. 3.0 CONCLUSION 3.1 The purchase price of these lots is very close to the estimated market value, therefore, it is recommended that the lots be sold as indicated in the Agreements of Purchase and Sale. The proceeds from sale of these properties can be utilized to acquire other lands that have been identified for public use. Staff Contact: Isabel Little 885 REPORT NO.: PsD-054-10 PAGE 5 Attachments: Attachment 1 - Location Map Attachment 2 - Rezoned Areas Attachment 3 - Agreements of Purchase and Sale Attachment 4 - By-law to Authorize Realty Services Agreement and Payment of Commission Attachment 5 - By-law to Ratify and Confirm Agreements of Purchase and Sale Attachment 6 - By-law to Authorize Sales and Transfers List of interested parties to be notified of Council's decision: Neil Ryan, Ryan Realty Services Ltd. Ken Hoy, Stonefield Homes 886 ~~~" ~ r . ~ , h ~, Vl'co- f ",'. ..' ~ JJ~ 'ec l. . l/) ~ - C. I.. ~ .. en l/) <C "C - 0 en Q) m 0 ~ l/) .... 0 -I - CO .- .... s:: Q) "C .- l/) Q) n:: 0 "I. \ 'r '\ 1 '1 " .' " II' avol:l S11nl:lJ. _, .., ~. -... ,g':l h .. ~ ,"~ ,~;j, . .....- ..:.:~~..-...; Jt- I I I , .,.1 _La :..- - Attacnment 2 To Report PSD-054-10 This is Schedule "A" to By-law 2008- passed this day of , 2008 A.D. , . #'4AIII 1e)~.;I' ,. _XII _ 0lICI - '1'1'1'1'1'1'1 VV'VV'V'V'V '1'\1'\1'1'\1'1'\1 '1'1'\1'1'1'1'1 '1'1'1'1'1'1 '1'\1'1'1'\1'\1 '1'1'\1'\1'1'1 V s'Y V v V v V '\I ..IV' '\I V ..,~ '\I V V V '1 '1 'IV '\1'1'\1'1 I ' J I ~ I . o <( o 0::: 1 I- I ;j I. (f) ...J 51 0::- I- RAN <<IV 111# .::- J ,.d' .iii' "" '~l: GEORGE REYNOLDS DRIVE - .","" I'UH ... Jim Abernethy, Mayor HJ Zoning To Remain "EP" ~ Zoning Change From "A To "EP" ~ Zoning Change From "A" To "(H)R1-70" ~ Zoning Change From "EP" To "(H)R1-70" ~ Zoning Change From "EP" To "A" Patti L. Barrie, Municipal Clerk ~~ 111"llt~~ I - -.....t / ~ ~~~"'YIJ= :!~~ !~~ B~~~~' ~~~ ~ ~ Q ! ~i~ . ~t::: f::. ,~~~/III. I II ~ GEO!?GE 1/EYN000n~'c N ;..-1= ~ - ~ !?E>>IOLDS O!? ri r Cr-- '--(.~ r J;f=~~H~/'L 1'~J1M '"~ ~~=~ ~IfTrh J~~I= f- \ ~ ~lt.j.oool""'" - ~i--~~ _... i" ~i- II 1 L ~ 2: 8 =- - ~ t: = ~ f= ~ /111111 ~t: BI?OAOLNIDS ==i!o= '-5--~ A' --< 111111111.1 ~f- DIillTI """.f$!!Ir = is = " -- : = = SLEEMAN~_ lNNE!? COURr t=i:: c,DIIIIIJ = ~ 11T 1\.11 == ~ == ~I-= g - - EE = ';: ~I I 11III11111 II, B C!?ESCENT c; ---, _ _ _ _ -!- ';1 I I 1= f- fg 1 I 1 I II I Ii.('/, ~ S7!?EU rrf!.Cll~FouND ----cRES SOUME --. t- I-U 111111111111 '.-<\\1 '11111 1111 '/1111\ Y~!-GLENVl1EWII?OAO _-;; !?En'- OEVONDALE \ ~ _ _ 'I'" 11111111111 fl 1 ~~r: - RICHFiELD ffiI;.o!:' ~ ,,- ~I= ::::;;, IIOSSGROVE t- DIIID ~ !i1 & ~I= ~ t:::/P--IIII \ ......... 0JIllJ ~ : 8 Ii) ]8 ~1TTT7n ~~~/i~/ ~~~~ sr!"ill jf::. 'l! rOu!?rH ~ ~.:= ALDE!?Bf?O()K"'j:( ~'J..J. J II LJ(l ~ I- '" I L II II" II " I m &W7"'-'-L..j~ '" - rr t: - il' i\"J I?~ ~DOO CRES. -UQ I I - ~I I I ~ru'i'''l I r"fIT, I II I I I / --- 1// vV L--- COURTICE ZBA 2007-0011 888 f)REA~ Confirmation of Co-operation and Representation BuYER:..1.~.?~.~?g..9.~.~~!~..~~~.:. ............................ ............ ............. ... ......... .... ........... ............. ...................................... ................ ................ .............. SEUER:.~.~~.~.ip!i.~i~.~.r.q.l~~~~.......................................................................................................................................... .............................. For the transaction on the property known as)~.~.q.~~~g~.g..~.Y.Il~I~.s..I?~yl:I..<::~':ll,1.!~~......................................q~s~~~........ ............................... For the purpa...s of this Confirmation of Co-operatian 'ond Repre...ntation, 0 'Seller' includes a vendar, a landlord, or a p,oopective, ...ller, vendor or landlord and a "Buyer'" include. a purchoaer, a lenant, or a prospective, buyer, purchaser or tenant and a "sole" includes a lease. n.. fallowing information II confinnecl by the unclenlgned talespen<<l/broker ...... _""IMI of the 1rokenoge(1). If a Co ..rating Bralc-. II involwclln the transaction, the brok....... "lINe to c~, In conolcleratlon of, and on the __ and canclltIonl as set aut below. DECLARAnON OF INSURANCE: n.. underalgned ......penon/broker repreHnlatiYe(I) of the Brokeroge(.) hereby decla.. that he/lhe II lftlurecl al required by the Real Estate and BUIIMI. Brok... Act (REBUI and Regulatloftl. /"'\LLi:lI,;IIIII~IIL ,;J To Report PSD-054-10 Farm ;'2U lor use in the Province of Ontario 1. LISTING BROKERAGE The Listing Brokerage represents the interests of the Seller in this transaction. 2. CO-OPERATING BROKERAGE The Co-operating Brokerage represents the interests of the Buyer in this transaction. It is further understood and agreed that the Listing Brokerage will pay the Co-operating Brokerage [lI or, if not an MLSiK> listing: D the commission as indicated in the MLSiKl information for the property a commission of.......................................................................................................................................... plus applicable Goods and Services Tax, from the amount paid by the Seller to the Listing Brokerage, on any trade wherein the Co-operating Brokerage has obtained an accepted Agreement of Purchase and Sale, option to Purchase or Agreement to Exchange and/or Lease. Said payment of commission will not make the Co-operating Brokerage either the agent or sub-agent of the Seller or the Listing Brokerage. Additional comments and/or disclosures by Listing Brokerage: Additional comments and/or disclosures by Co-operating Brokerage: [e.g. The Co-operating Brokerage represents more than one Buyer offering on this property.] COMMISSION TRUST AGREEMENT: If the above Co-opel'lling Brokerage i. receiving payment of commiuion from lbe Listing Brokerage, then the .greomen: between Lilting Brokerage ond Co-operating Brokerage further in<:ludes a Commiuion Trust Agreement, the con.ideration for which i. lbe Co-operating Brokerage procurins aa offer for a trade of the property, acceptlble to the Selle,. This Commission TIUII Agreement shall be subject to aad governed by lbe ML~ rule. ond regulatio.. pertainins to commission trusll oflbe Liating Brokerage'llocal real estate boon!, if lbe local boatd'l MLSiIl nil.. ond regulatio.. so provide. Otherwise, the proviaions of the OREA recommended MLSiIl rules ond regulotions shall apply to thia Commission TlUlt Agreement. For lbe purpose of this Commiuion TlUlt Agreement, the Commiuion Trust Amountlhall be the amount noted above. The Liating Brokerage hereby declares lbat III moni.. received in connection with thelrlde .hall co..titute a Commi.sion TIUII ond .hall be held, in trust, for the Co-operating Brokerage under lbe tenns of lb.appl!cable M~ nil.. ond regulatio... SIGNED BY THE BROKER/SALESPERSON REPRESENTATIVE(S) OF THE BROKERAGE(S) (Whe.. applicable) 1~?on~~~~J~Zirl:~.~~~:!.~.~~.~~~lIg~....................................... .~~~M.M~~7Jk~~~r:~.~.T.X.~!;::I..~~9..~~ 39 Westmore Street, Courtice 1603 HWY2 COURTICE ::::..:...q.H.j~~:::::...(::::::::..::::~=:.~~~:~::;\~~~i..0..::~~:.~~:::... ...........::..]1~~~~~:..:..:.::.:::...:~..::.::::.:~~~...~~!~t:~.~:~W~ IAut/1 I 10 otin~ prokeroBe). 11 l'1J'~ t'A1t'll'i(9/Buyer B,okeroge) ........................ . .......P!..(,..l.......... ...~................................... ... ... .................................................................................................... IPrint Nome of B, /Solesperson Repr...n ve tha B,okeragel IP nt ome of Braker/Salesperson Represenlotive 01 the Brok.rago) CONSENT FOR MUL11PLE REPRESENTATION {Ta be c........... only if the Brokerage ......._ more than _ clIMt far the tranoactlon.l c==> c==> The Seller/Buyer cansent with th....lnltia.. to their INk_age ..presenting mare than _ client far thiJ transactian. HWlt'S INITIALS _'5 INITIAlS a~~:~~D~"....,.....................................:,~f~:(r.~.......... m C 2008. 0nIa,;0 RoaI ~ Aosocialion ('OREA1. All rights .......d. This form was developed by OREA lor Iho UlO and roprodudion ~ cl its members and keen.... only.1vly oth.r UMI or reproduction i. prohibited ucept with prior written consent of OREA. 'arm 320 2~!n~~_~_~I~ft~ 889 fJREA ~= Agreement of Purchase and Sale Form 100 for use in 1M Province 01 Ontario This Agreement of Purchase and Sole doted this..~.1.t.i?.......,................... day of .M.~~~..................................... 20.!.~..... BUYER,).??~~~.9..9.~~.<? ~~~""""'''''''' iFull'I;;gCif ,;ames'of al1'B"u'yersj' ....................... ......................, agrees to purchase from SELLER,.M~~~!p.~J~~ .~f.q~g,t.l??...,... ,. ..11.'....1....... "'1"11 '''1'' ..... ................................................. .......... the following IF. ega names a a Se lers) , REAL PROPERTY: Address..~~7.9~1?~8.~.~~Y.J:1.<?~~.P.rt:-:~).~I?~.i!i~..............................................,. fronting on the .N<?~~.. ........ ............. side of.9.~~g~ .~~~~!~~. ~y.~............. in the .M!!~\~.i~!\t.Y. ~f..... .q~~~~....., .................. ............................................... and having 0 frontage of }~:?J~~L.........................~ more or less by 0 depth of J1.4.f.~~.t...............,............. more or less and legally described os . ~.<??~.~~.~!~~} .R~.~~~ .~~.R!~.4Q~?~.1.~. R~~ .?........... ......................... ......................... .......... ...... ........................ "'I(egar'djisCriiiliori',;nan~'includi;'ii 'j,Q;e;,;e;;i; ;;';i"described 'elsew~;j;.;i .................................... Ithe "property"). PURCHASE PRICE: Dollars ICDN$I.~~).QQQ..~.............................. . N~~~~~i:-:~. .'Dt.<?~~~~...................."..,."..,................,.,.........................................................,................ ....... ,Dollars DEPOSIT: Buyer submits ..~.I?~~~.i.~~A~~.~~~.!~. ~~~;~~~~m~':I~............ ........ ..... ..................................................... IHerewilh/Upon Acceptance/as olherwise described in Ihis Agreemen~ . ~~:-:~.~l?~~.~?~.,.......... ..... ..... ",........ ....,.... .....,. ....,..,.. ... ........ ........."..... .... Dollars (CDN$). ?N~~:~..,.. ."....... ...... .,.,. by negotioble cheque poyable to.~.Y.~.~~l!-.l~Y..~~.JY:i,'?~~,~~~b.~~~~~~.~g~................................................. "Deposit Holder" to be Ilekl in trust per1diPl'l completion Of other 1erminafion of this ~reement and to be credi1ed toward the Purchase Price on com~tion. For the purposes of thiS Agreement "Upon Acceptance" sholl mean that the Buyer is required to deliver the dep'oslt to the Deposit Holder within 24 hours of the acceptance of this AQreement. The pqrties to this Agreement hereby acknowledge that, unless otherwise provided for in this Agreement, the DepoSit Holder sholl place the deposit in trust in the Deposit Holder's non-interest bearing Real Estate Trust Account and no interest sholl be earned, received or poid on the deposit. Buy.r agrees to pay the balanc. as more particularly set out in Schedul. A attach.d. SCHEDULE(S) A'l'~lS'~'''''''''' ................................................attached h.re~rm(S) part of this Ag....m.nt. 1. IRREVOCABILITY: This sholl be irrevocable by ..~.~r..II~I.~...... until.?:,9,Q................ pm on (5e ler1Buyer the ~..~.?~............. day of .M!!~~...................................... 20.W...., after which time, if not accepted, this Offer sholl be null and void and the deposit sholl be returned to the Buyer in full without interest. 2. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m. on the .~.~~.~~.~~':'.1.~.:'N'....... day of ..........................................., 20......... . Upon completion, vacant possession of the property sholl be given to the Buyer unless otherwise provided for in this Agreement. 3. NOT1CES: The SelIer!1ereby oppoints the Listil19 Brokera~ os agent for the Seller lor the purpose of giving and Rlceiving notices P\lrsuant 10 this Agreement. Where 0 BrOI<erCIgElIB~r's Brokerage) has entered into 0 l'ElP."esentotion agreement with the Buyer, ihe Bwei' hereby aPP9ints the Buyer's Bro~rae.e os ogtlLIt for the .PU1'J:?OS8 of givira ond receivi~ ~s pursuant to this h1i-eement. WheI;e a ~ ~ both the 5eIIer and the IIUY8': (mu~ nlp!'eSIlIlQllOI'I), the Brokeraae sfiaI not be entiIIecI or auIhonzed 10 be ~ far eIIhw the Buyw or the Seller far the ~ 01 sivM19 and' receiving .ftCI!Iices. Ar1y notice relating hereto Of provided for herein sholl be In writing. In ocIcIition 10 any proviSion conleiilecl herein and in any SChedule hereto, this offer, af.1Y counler-olf8r, notice of acceptance thereof Of any notice Ie be given Of received pursuant to this ~reement Of any Schedule hereto snaD be deemed given and rec:e1ved when delivered persqr)Olly or hand delivered 10 the Address ki Service FJ!OVIded in the Acknowledgement below, Of where 0 focsimile number is provided herein, when transmitted electronically to that focsimile number. FAX No. .~~~.~.~H?~.L........~~:;:e~:f :~:~:;;I;:r~)AJ( o.!'Ol,l1Q:~":~~~ ::;~):~ m C2010.O"";'RealE__roRfA1. AlrigHo--..d.Thi.bm_ca...IopodbyOREAbil..... ..! of"'.........ancI_ ~ onIy.Any_.....~.pn>hibOod_.....pb__ofOREAOO""'aro.whonpmi"" ~..._"""pa<San. Form 100 Rev.03/2010 Pale 1 of S WEBFonn.'" Mar/201 0 890 4. CHArrELS INCLUDED: 5. FIXTURES EXCLUDED: 6. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Buyer agrees to assume the rental contract(s), if assumable: ...........................,........................................................................................... ......................................................................................................................................................................10 7. GST/HST: If the sale of the property (Real Prop'erty.as 83~<;ribed above) is subject ta Goods and Services Tax (GST) or Harmonized Sales Tax (HST) then such tax shall be.~.~....I.\1.9~.~I..j..J.........,.J.... the Purchase Price. If the sale of (ine uaea In/in aaai~on to) the property is not subject to GST or HST, Seller agrees to certify on or before closing, that the sale of the property is not subject to GST or HST. Any HST on chattels, if applicable, is not included in the purchase price. 8. mLE SEARCH: Buyer shall be alowed until 6:00 p.m. on the ....................,..... cIoyo!...................................., 20......., (Requisition Date) to examine the ti~e to the Property at Buyer's own eXp'ense and until the earlier of: (il thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy Buyer that there are no outstanding work orders or deficiency notices affecting the Property, and that its present use (.......................................................................................................) may be lawfully continued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to ~uyer details of all outstanding work orders and deficiency notices affecting the property, and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably require, 9. FUTURE USE: Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by Buyer is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the ti~e to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise sP.8cifiCalry/rovided in this Agreement anC! save and except for (a) any' regjstered restrictions or covenants that run with the Ian p'roviding that such are comp'lied with; lbl any registerea municipal agreements and registered agreements with publicly regulated utilities proviaing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) an~ minor easements for the supply of domestic utility or telephone services to the p'rope~ or adjacent properties; and d) any easements for drainage, storm or sanitary sewers/ public utility lines, telephone lines, cable television lines or ot er services which do not materially affect the use of the property. If within the specified times referred to in paragraph 8 any valid objection to ti~e or to any' outstanding work order or deficiency notice, or to the foct the said present use may not lawfully be continued or that the principal building may not be insured against risk of fire is made in writing to Seller and which Seller is unable or unwilling to remove, remedy or satisfy or obtain insurance save and excert against risk of fire [Title Insurance) in favour of the Buyer and any mortgagee, (With all related costs at the expense 0 the Seller!, and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shall be returned without interest or deduction and Seller, Listing Brokerage and CQ-()~rating Brokerage shall nat be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the ti~e, Buyer shall be conclusively deemed to have accepted Seller's title to the property. 11. CLOSING ARRANGEMENTS: Where each 01 the Seller and Buyer retain a lawyer to complete the Agreement 01 Purchase and Sale of the Propertys and where the transaction will De completed by electronic registration pursuant to Part III 01 the Land Registration Retorm Act, R.S.O. 1990{ Chapter L4 and the Electronic Registration Act, S.O. 1991, Chapter 44, and any amendments thereto, the Seller ana Buyer acknowled~e and agree that the exchange of dosing funds, non-fegistrable documents and other items (the "Requisite Deliveries. and the release thereof to t~e Seller and Buyer will (al not occur at the same time as the registration of the transfer/ eed (and any other documents intended to be register8d in connection with the completion of this transaction) and (b) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except to accordance with the terms of a document registration agreement between the said lawyers. The Seller and Buyer irrevocably instruct the said lawyers to be bound by the document registration agreement which is recommended from time to time by the Law Society of Upper Canada. Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will occur in the applicable Land Ti~es Office or such other location agreeable to both lawyers. 12. DOCUMENTS AND DISCHARGE: Bu~r shall not call for the production of any ti~e deed, abstract sur~ or other evidence of ti~e to the f?I'Operty except such as are in the passession or control of Seller. If ~uested by Buyer, Seller will deliver any sketch or surv!lY of the property within Seller's control to Buyer as soon as pa ible and ~rior to llie Requisition Date. If a discliarge of any Charge/MOrtgage held by a corporation incorparated pu s to the Trust And Loan Companies Ad (Canadal, INlnALS OF BUYER(S): INITIALS OF SEWR(S): ~ ID 02010, Onalo Roo! ~ _ rOlEA1. AI rigf8~. Thlo Icnn _ do.oIopod by OlEA ..ioi... .......-. "'''' - and_ ...0. oNy.Any_.....~.~_....,..,.___"'OREA.Oo....-.._........ ...........I""'"'paoton. Form 100 Roy.03/2010 ..... 2 of 5 WEBForms'" Mar12010 891 Chartered Bonk, Trust Company, Credit Union, Caisse Papulaire or Insurance Company and which is not to be assumed by' BUy'er on completion, is not available in registrable form on completion, B~er agrees to accept Seller's lawyer's personal unaertoking to obtain, out of the closing funds, 0 discharge in registrable fOrm and to register same, or couse same to be registered, on tirie within 0 reasonable period of time after completion, provided that on or before completion Seller sholl provide to Buyer 0 mortgage stotement prepared by the mortgagee sellinQ out the balance required to obtoin the discha~e, and, where 0 real-time electronic cleared funds transfer system is not being used, 0 direction executed bv Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on compretion. 13. INSPEcnON: Buyer acknowled.ges having hod the opportunity to inspect the properlY. and understands that upan acceptance of this Offer there sholl be 0 binding agreement of purchase and sole between Buyer and Seller. The Buyer acknawledges having the opportunity to include a reguirement for a propertY. inspection ~ in this Agreement ond ,a"rees that except as ~ay be specifical.1y pro~cIecI for In tt;is Apreem..,t, the Buyer will not be obtaIning a property Inspection or property Inspection report regarding the property. 14. INSURANCE: All buildings on the property and 011 other things being purchased sholl be and remain until completion at the risk of Seller. Pending completion, Seller sholl hold 011 insurance policies, if any, and the proceeds thereof In trust for the parties os their interests may appear and in the event of substantial camage Buyer may either terminate this Agreement and hove 011 monies paid returned without interest or dedu.ction or else toke llie flroceeds of any insurance and complete the purchase. No insurance sholl be transferred on completion. If Seller is taking back 0 Charge/Mortgage, or Buyer is assuming 0 Charge/Mortgage, Buyer sholl supply Seller with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's interest on complelton. 15. PLANNING ACT: This Agreement sholl be effective to create on interest in the property only if Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligenriy at his expense to obtain any necessary consent by completion. 16. DOCUMENT PREPARATION: The Transfer/Deed sholl, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of Seller, and any Charge/Mortga~e to be siven back by the Buyer to Seifer at the expense of the Buyer. If requested by Buyer, Seller covenants that the Transfer/Deed to be delivered on completion sholl contain the statements contemplated by Section 50(221 of the Planning Act, R.S.O.1990. 17. RESIDENCY: Buyer sholl be credited towards the Purchase Price with the amount, if any, necessary for Buyer to PPy to the Minister of Notional Revenue to satisfy B~er's liability in resf?8ct of tax payable by Seller under the non-reSidency p'rovisions of the Income Tax Act by reason of this sole. BUy'er sholl not claim such credit if Seller delivers on completion the prescribed certificate or 0 statutory declaration that Seller is not then 0 non-resident of Canada. 18. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetereCl cost of fuel, os applicable, sholl be appartioned and allowed to the day of completion, the day of completion itself to be apportioned to Buyer. 19. PROPERTY ASSESSMENT: The Buyer and Seller hereby acknowledge that the Province of Ontario has implemented current value assessment and properties may be rlHlssessed on on annual basis. The Buyer and Seller agree that no claim will be mode against the Buyer or Seller! or any Brokerage or Salesperson, for any changes in property tax os 0 result of o rlKlssessment of the property, save ana except any property taxes that accrued prior to the completion of this transaction. 20. TIME UMITS: Time sholl in 011 respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by on agreement in writing signed by Seller ana Buyer or by their respective lawyers who may be specifically authorized in that regard. 21 . TENDER: Any tender of documents or money hereunder may be mode upon Seller or Buyer or their respective lawyers on the day set for camflletion. Money ma.,y be tendered by bonk draft or cheque certified by 0 Chartered Bonk, Trust Company, Province of Ontario Savings OHice, Credit Union or Caisse Populo ire. 22. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Low Act, R.S.O,1990 unless Seller's spouse has executed the consent hereinafter provided. 23. UFFI: Seller represents and warrants to Buyer that during the time Seller has owned the proper!)', Seller has not caused any building on the properlY. to be insulated with insulation containing ureaformaldehyde, and lliat to the best of Seller's knowledge no building on ihe property contains or has ever contained insulation that contains ureaformaldehyde, This warranty sholl survive and not merge on the completion of this transaction, and if the building is port of 0 multiple unit building, this warranty sholl only apply to that port of the building which is the subject of this transaction. 24. LEGAL, ACCOUNTING AND ENVIRONMENTAL ADVICE: The parties acknowledge that any information provided by the brokerage is not legal, tax or environmental advice. 25. CONSUMER REPORTS: The Buyer is hereby: notified that a consumer report containing creellt and/or personal information may be referred to in connection with this transaction. 26. AGREEMENT IN WRmNG: If there is conflict or discrepqncy between any provision added ta this Aweement (including any Schedule attoched hereto) and any provision in the standard pre-set portion hereof, the added proviSion sholl supersede the stonclord pre-set provision to the extent of such conflict or discre~ncy. This Agreement including any Schedule Ottoched hereto, sholl constitute the entire Agreement between Buyer and Seller. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other thon os expressed herein. For the pUrp<?ses of this Agreement Seller meons vendor and Buyer means purchaser. This Agreement shall be read with 011 changes of gender or number required bY the context. 27. TIME AND DATE: Any reference to 0 time and dote in this Agreement II mean the time and dote where the properly is located. INmALS OF BUYER(S): INmALS OF SELLER(S): ~. m Cl2010. o..mo RooI E_ ~ rOREA1. All...... --..d. Thl,.... _ dMlop.l by OlEA b... _ ,"""aden "'.......... crd '- b!;ll! onIy.Any__atroptoG.ocllon.ptohi>oo:I_,.;;,p<b__"'OlEAOO...........~at.....................ml_potIan. Form 100 Rev.03/2010 .....3 of 5 INEBFomls'" Mar/2010 892 28. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns 01 the undersigned are bound by the terms herein. IN 1~ SOlI< 5 on AND DEU ERED i......~" ~~"::==::d! DATE?/Z:V/!0. la.;y;iri:....................................................................... !I DATE................................... I, the Undersigned Seller, agree to the above Offer. I hereby irrevocably instruct my lawyer to pay directly to the listing Brokerage the unpaid balance 01 the commission together with applicable Goods and Services Tax (and any other taxes as may hereafter be applicable). from the proceeds 01 the sale prior to any payment to the undersigned on completion, as advised by the li' Brokerage to my lawyer, ~m.?;=.E~~~~=~~~~~":~~~~O:i ::=~~~~ SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act, R.S.O.1990. and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. jW;ii..;;j......... ...... ......... ......... .... ............... .... ...... ....... jspouiOj........ ............. .... ............................................. !I DATE....... ...... .... .................. CONFIRMAnoN OF ACCEPTANCE: Notwithstanding anything contained herein to the contrary, conflrm this Agreement with aU changes both typed and written was flnallyaccepted by all partiesat..~~?~....r.nr.7p.m. thi .1....TJ;l~...~.~..............day of............d.~~~#.................................. 20../,t:!... .' ............... . .s~il;,y;,;.r................... INFORMAnON ON BROKERAGElS) lisfing Brok.rag...~Y.~.~~~~.~Y..~.~.~.~.~.~~~:.~.~~().~~~~S.~.... ...... .... ..... ............... ............ ...... ......... T.I.Nc. .~~~.~~i:~.!.~~.. ...... ......... ........ ~.~.~~~~.~~..~~~~.~!.~~~!.~.~.........~......................................................................................................................................................... Coop/Buyer Brck.rag...~.~.9.M.~~~~~~YM..~t.+.T.Y..~.~~:!.~~.9.~~.~9.;............ T.I.Nc..[?~~1?~9.:~9~....................... .~.~~~.ffWY..7....... ...... ............. ........... ........ ............... ........c;:Qy.~TI~g.. ......... ...... ........... ... .......... ............... ... ............... .... ........................ ~~;:~~:::~?~...~.~~~~::~~ Address for Servic................................................................................ ..........................................................T.I.Nc........................................ Seller's lawy.r...................................................................................... Address.............................................................................................. . .... ....... .... .....terNO':.... .... ......... ........ .... ...... .... ........FAifNO':.......... ..... ..... Address lor Servic..... ............................. ... ..... ......... ..... .............. .... ...... ...........................,............................T.I.Nc.......................................... Buyer's lawyer............................................:.......................... ............... Addr.ss.............................................................................................. . ................... .terN,;:......................... ..................... 'FA':i. .NO':..... ............... fOR OffICE USE ONLY CO_ISION tRUST AO_NJ To: Cooperal;ng Brokotoge shown an the foregoing AgrHmenl 01 Purcha.. and Sale: MlNCOM MILLENNIUM REALTY INC., BROKERAGE In consideration for the C~Qtins Brokerage procuring th. foreQC!'ing Agreemenl of Purchase and Sole, I here~ declare thol all moneys received OC' receivable by me in conntCtion-wilh the Transaction os contempklted in the MlSC!l Ruiet and R~u1aticnl Of my Real Estate &oord sholl be receivable and h.kI in trusl. This agreement sholl constitute a Commission Trust Agreemenl as cleRned i ~ Ru~s and shall be subjKt to and governed bY the MlSGD Ru,," p.noining to Comminlon Trust. .. and time of Ih. !XCeptance of the foregoing Agreement of Purcha.. and Sale. m 02010. Onlario RoaI e..-'I"OIIEA1. AS rigNo __.11;.1".... _ doooIopod byOOfA lot...... onl ~ '" Ito ......onl_ y;;J. arly. Iv., _............-. . pn>Itiod _.... pria' _...... '" 00fA. Do ... "........ ",,",'"41'" oopoduc"s"" olan<lanl...... pancn. ._ 100 Rev. 03/2010 ...... 4 of 5 WEBFam."'MIlr12010 893 !)REA ~ Schedule A Agreement of Purchase and Sale Fonn 100 for use in the Province of Ontario This Schedule is attached to and forms part of the Agreement of Purchase and Sale between: BUYER,.~. ??~~?.9. .Q~~.'? ~~~:............................................................................,.....,.....................,.........,......... and SELLER,. M~i.~!p'~lAt.Y..~f. ~.l.l!!1~g~C?,1?...,................. ......................................................,.............................................. for the purchase and sale of J.~.?9.~.'?~.8~.~~~~!$..P~Y.C?I.~.'?!!!!!~C?................................................................................ .~.1.~g!~1?........................................ dated the }~~.................................. day of .M~~.~......................... 20..1.9..... . Buyer agrees to pay the balance as follows: The Buyer agrees to pay the balance of the purchase price, subject to adjustments, by bank draft or certified cheque, to the Seller on the completion of this transaction. The Buyer agrees to submit a deposit of FIVE THOUSAND DOLLARS ($5,000.00), to Ryan Realty Services Ltd., Brokerage, by negotiable cheque, at the time of notification of fulfilment or removal of the condition pertaining to Council Approval, to be held in trust pending completion or other tennination of this Agreement. This amount is to be credited towards the purchase price on completion of this transaction. The Buyer and Seller acknowledge that the lots are fully serviced with water, hydro and gas and that building pennits are available. The Seller agrees to provide the buyer with any surveys, engineering reports and environmental studies on the said property upon acceptance of this agreement. J~ 'Fhll ~elkl ag.""A to Jlr8"id~ r..a.nnahl.. ."imhll~..m"nt fn. ,,<lvp,." on;ll.111RditiQR& if elll.1QuRtuIl8. ~ ~ iJl The Sell... and 811) U adme ;..lil8S' aJld ag'''p that title to the lots maY h.. <li,pdprl nn dllSiBg at tbll B'~y"". option. ~ ~ The Seller and Buyer acknowledge that the closing date, at the Buyer's option, will not be earlier than May 1, 2010 and not later than December 22, 2010. 30 &~ rt.of.t(.( /IIwrf- b.t p1~v(d('A III ~ rli-t~ p1fOI -h> 'f4 Uo.\I '1 J.Jf ~ '/JJ This form must be initialed by all parties to the Agreement af p~rCh. nd Sale.. INITIALS OF BUYER(S): " INITIALS OF SELLER(S): ~ m Cl2010.00ari0IlooIE__f"OIlEA1. .........-..d.!I;.kr......-..q,.dbyOOEAr.d"'_ . ~cI'"_."'jI__ ~. anIy....."__,,~,,pohbW_""'pria'__clOREA.Do""'aloo_"""'~O"~............~_. 'orm 100 Roy.03/2010 Pa'85 of 5 V\lE8Forms'" Mar12010 894 ..nI!A ~e- ~ Ala<<ialion Schedule -L- Agreement of Purchase and Sale Form 105 101 ".. I. tho PIO'li.... rJ 0ftI0t1o This Schedule is altoched to and lorms port 01 the Agreemllnt 01 Purchase and Sale between: BUYER,......... ..... .1.5a. ,q~5.o....... .(jffT..f!R, !.O.... .IN.C.~... ......,....:... ..... ...,.... ....... .........."...... ......."..... and SELLER,. .M~~~!P.~!~o/.. ~t~!~!,!g.t~~,.........,.,.,....,....,....,.,....,...............,........"........,.....,.... ....,........,.,......,................. far the properly known as.......l.S.2..G.~B6E...&..:I.N(J.!-.!>.s....DR~.....fuu?.7.7.(k................,..... ....................... ...,.. ... ......... ........ ........ dood fu. ... ......... .6l!:lf.':::............ doy 01 .t:ff'flQ:I.. ..' "t., 20'.~. .... . 1>" off"" ,,,,,,lidooW _ Municipal """'" ._~ -~ ~ ti':t;:;. i:.r~'..r. ~.... ..... r.m.. which this offer is null and void and the buyers deposit is retumed in full without interest or deduction. This condition is included for the be~fit of the seller and may be waived at their sole option. The buyer agrees to: adhere toibe the lot grading plan as provided by the seller at a later date. pay for a $350 street boulevard tree to the Municipality pay $500 for a road damage deposit to the Municipality pay a base pric:e of $200 for a curb cut to the Municipality and the buyer is aware there may be additional costs I A..t pay GST (prior to June 30.2010) or HST (after July 1.2010) in additio~. All fel:'i~ wilt. p'lfCllro. Fd~, . cr 0'( The buyer is aware that at time of building permit additional ~evies tile ~o be pai3 including: "-'tJ,/ regional $18.521 .' ; municipal $13.785 educational public $. 835 separate $ 364 The buyer is aware that these are 2010 levies and subject to review June 3Q. 2010. The buyer is responsible to verify and satisfy themselves as to all costs and levies for this lot. . . The buyer is aware that this a fonner site of a Fire Hall and that a Phase I and Phase 2 Environmental Site Assessment has been done and agrees to purchase the lot as is. The buyers enters onto these properties at their own risk and liability. The buyer is aware that the lots at 182 George Reynolds Drive require fencing on the west side and 194 George Reynolds Drive require fencing on the east and north sides. AU fencing is subject to Municipal approval. This form must be initioled by 011 parties to the Agreement 01. Pw:c INITIALS .9F BUYER(S)1 [B C 2008. o..lllria 1101 E..... AsJociaIion 1"ORfA1. All rig.... m.,...d:1hiir- ';';.- ." '. .. ".. 01 a. .....be.. one! 1_ only. ,...,., oIher ... '" "'l'f"dvcIion II proh;bi~ ~ willi p<Iot . ond Sole. : INITIALS OF SEWR(S): @ ....... _ and ropiodvcIiori .0.-. 01 00. ._ 105 2008 '.... , of , WE8Fonna'" H<w12007 f"" 895 . .", ..;.a ~ . ! . & V' t\t C) 9:;H Gt;:::ULE.~' c.. I, IA . .oc,Ete8~ M. . ".et"C ". 9 .1~d' IA ..ot~.a~ M ~.K t l~d'" .,> ..~t :~. ..ot$tol'" . -" z o ::s ",,-,....... .... . +6/;- ,""'"<-------- ~" I i II ... ! s: .i.~d t ~ ~ Z l~d if/ S:I.~ IA ..ot.s:t." " I ~ l~Vd Il _llt~ -~ I- ~ . ~ . " .oc~08~ " ~'a" . CC;i( ~ ~. ~ It ~ \ ~ o S ~ ~~ ,.__....J'. " --"." ~ C.:tel .: ~ ...~. ... 8 8 10 ... ii IL 'O~ " 896 '~~A~rio ~ Assoce: Confirmation of Co-operation and Representation BUYER:..~ .~.~ ~.2.~9. .9.1l.ta,~(). .IIl.~:............................................................................................................................................ ....................................... SEWRI.M.~i.c.~p'.~.I!~.().r.~.~~.ll,1~()Il........... ......... ............ ... ............ ...... ....... ................. ......... ............ ......... ........ ... .......... .......................... .... .......... For Ihe Iran.adian on Ihe property known a"}~.~.9.~~r.gll.~e.Y.ll~!4.~.P.~y~I..~()I:l~~c.ll......................................q~Il~~Il..................................... For Ihe purpo.e. of this Canfirmotian of Co-operation and Represenlation, a "Seller" include. 0 vendor, a landlard, or a prospective, seller, vendor or landlord ond a "Buyer" includes a purchaser, a lenanl, or a prospective, buyer, purchas., or lenant ond 0 "sale" includes 0 Ieose. the following InfomlClllon Is confirmed by the uncIersiened ....,......../brok..........-1laIIves of the .roIc-ee<'I.1f a Co-operatIng ~.. Is ImoIwcIln the tranlCldlon, the brokerage. agrwe to co op....... in cOllllcleration of, and on the termI and concfllloM as let _ below. DECLARAnON OF INSURANCE: The unclenillned sa"'penon/broker rep,.,..ntatIve(.) of the .rok_gel.) hereby decla.. that he/.he I. In.ured a. required by sh. Real Estate and .u.I..... .roken Act (RE..A) and Regulation.. Form 320 for use in the Province 01 Ontario 1. USTING BROKERAGE The Listing Brokerage represents the interests of the Seller in this transaction. 2. CO-OPERATING BROKERAGE The Co-operating Brokerage represents the interests of the Buyer in this transaction. It is further understood and agreed that the Listing Brokerage will pay the Co-operating Brokerage [lJ or. ifnot an MLS~ listing: 0 the commission as indicated in the MLS~ infonnation for the property a commission of......................................................................................................................................... plus applicable Goods and Services Tax. from the amount paid by the Seller 10 the Listing Brokerage. on any trade wherein the Co-operating Brokerage has obtained an accepted Agreement of Purchase and Sale. option 10 Purchase or Agreement 10 Exchange and/or Lease. Said payment of commission will not make the Co-operating Brokerage either the agent or sub-agent of the Seller or the Listing Brokerage. Additional comments and/or disclosures by Listing Brokerage: Additional comments and/or disclosures by Co-operating Brokerage: [e.g. The Co-operating Brokerage represents more than one Buyer offering on this property.] COMMISSION TRUST AGREEMENT: If Ibe above Co-opcrating Brokerage i. receiving payment of commission from Ibe Li.ting BrokclBlle. then Ibe agreement bctwccn Li.ting Brokerage and C<Hlpcl'llting Brokerage further includes a Commission Trull Agrccmcn~ Ih. consideration for which ia Ibo Co-opcrating Brokel1lge procuring an offer for a trade of Ibe propcr1)'. acceptablolO Iho Sellet. Tbi. Commission TlUSt Agrccmentshall be 'UbjectlO and governed by Ibe ML~ rule. and regulation. pertaining to eommission trullS of tho Li.ting Brokerage'. local real CItato hoard, if Ihe local hoard'. MLSiIl rulCI and regulations so provide. Olbcrwise, tho plOviai.... of Ibe OREA recommended MLSiIl rule. and regulations sball apply to this Commission TlUSl Agrccmcnl. For Ihe purpose oflhi. Commission TlUSt Agroemen~ Ibo Commi..ioo Trust Amountsball be the amount noted above. The Liating Brokerage hereby <lee...... Ihat all monies received in connection wilh Ihe trade shall con.titute a Commission TlUSt and .hall be held, in trult, for Ibe C<Hlpcl'lltina Brokerage under the terms of the applicable MLSiII rules and regulations. SIGNED .Y THE .ROKER/SALESPERSON REPRESENTATM(S) OF THE BROKERAGE(S) (Whe.. applkable' lfl~~~~f~r;~c~;i::~.k.~~a.gll......... ............................. .~~~~7~~~~~.~!yc~~ii~~.~~ ~:...::.::~:~~;:~~~:~::;~.~.~..:.;;.:::..::~:l.~. ....:....:~~I!~.~~~O.~::.:...:~::.:.::.::::.:~~~~.~~~!!!,~~:a.q;~ ~~~.i~~.~.b~~.~~.~ilt:~~........ ..... .._.................................. .. ....~.~~....~~1t.~~.:.~:~:.~.~~~:~~~..................................... IPrint Name 01 Broker /SaIosporson Repre ive of the Brokerage, rint Name of Brol<er /Solesporson Rapresontotive of the Brokerage' The Seller/Buyer consent with their Initial. to their Brokerage ..presentlnll mo.. than on. client for this tran.action. AnON (To be completed only If the Brokensll" rep.._ta more than _ dlent for the tranlCSCtion.1 ~ ~ aII'/IR'S INIIIAU CONSENT FOR MUmPLE REPRE ,~:.... : -~:~ ::'..':'1.~"";''''' "..mmm _?{7,,~lldmm ISna'''2t~:,,~' ~.~:~=:~.;~:~~~:~.;,~:.~::.~;=:d~~:~~:.:B::~~~.:::::.............. Om.:...................................... ...,," 01 its....bo<a ond b_ only """olhw use '" ..pn:>dudion i. pfOlllbilad..cep witn pr'''' wrillon consent 01 OREA 'ann 320 2~~ft~. _~~:.~:!.~ 897 t)REA ~~ Agreement of Purchase and Sale Fo"" 100 for UN in the Province 01 Ontario This Agreement of Purchose ond Sale dated this..?1.tk...................,........ day of .M.~:~~..................................... 20}.9..... BUYER,. ~~.?~~~.9.9.n~.<:')!!!:............... 'IFull'l;,:gor nomes'oF all"8uyersl....... .................... ...... ........ ....., agrees to purchase from SEWR,.M1;1!?i.~jp'~!o/.. ~f.q~~g.t.'?!!.....,.. (full'legor 'nomei '01'011 seliers)'....,.............,.............,..............,............., the follo";"ing REAL PROPERTY: AddressJ~~9~9.~g.c:.~~~.<:'~~~.p.!?X!=I.f:.9.~.i!i!=.....................,.......................... fronting on the .~.C?~....................... side of.9.~.'?:.8~ .~~J.'?~!~~. p.~y.c:............. in the . M!!~!~,ip.~!!t.y.~f......q~~~~~................. ................:...... ............................... ond having a frontage of .4~:~Jc:~L.......................... more or less by a depth of J1.4,f,c:!=,t........................... more or less and legally described as . ~.,?!!~.c:~.~j~~.~ .r.~ .~ng,r.!~.~R!Y.~~.4~.?~}........................................................ ............... ................................ 'i(egol'cl;;sCrip~o'; 'oniin(l'jnCfudinij 'ec;semenii noi 'clescribed efsewfi;;rej.......,............................ (the .property.~. PURCHASE PRICE: Dollars (CDN$)J9.9,~R9..,9~............................ . 9.nc:. ~1;1!?~~ .'D.1.C?~~.~~~..........................,............................................................,..........,................."........ ... Dollars DEPOSIT: Buyer submits . .~~ .,?~~~.i.~~. ~~~!:~j~~. !~. .~.i.~ .1gf~C:r.!~~.t,.................,................"............,.,....,..........,....,..... (Herewith/Upon Acceplonce/oa otherwise described in !his Agreemen~ . f.i~~ .'nt.'?~~.~~...............".......................,....................,.....,..............."..... Dollars (CDN$). ~!9.9~:R9..,.......,.,............. by negotiable cheque payable ta.~J.~.~~~~~.~!=.m.c:~~.q~:!.~f~~c:~~g!=................................................. HDeposit HolderH to be IleId in lrust pendirfl completion or other lermination of this ~reement and to be credited toward the Purchase Price on completion. For the purposes of thiS Agreement HUpon AcceptanceH shall mean thot the Buyer is required to deliver the deP.Osit to the Deposit Holder within 24 hours of the acceptance of this A!1reement. The pqrties 10 this Agreement hereby acknowledge that, unless otherwise provided lor in this Agreement, the DepoSit Holder shall place the depasit in trust in the Depasit Holder's non-interest bearing Real Estate Trust Account and no interest shall be eamed, received or paid on the deposit. Buyer agree. to pay the balance a. more particularly set out In Schedule A attached. SCHEDULE(S) A.d~lS...~... .....................................................attache~; form(.) part of this Agreement. 1. IRREVOCABILITY: T' fler shall be irrevocable by ..~..~I.lI~I............... until .~.:.<.>.<?............... pm on "Jt.- (Se ler'Buyer the .~..~5~>................. day of .M~,L................................... 20J9....., after which time, iF not accepted, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without interest. 2. COMPLEnON DATE: This Agreement shall be completed by no later than 6:00 p.m. on the .~.~.~~.~~4':l.I.c:.~'A:'....... day of ..........................................., 20......... . Upon completion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement. 3. NOncES: The Seller /1ereby appoinls the Listif!9 Brqkeroge as agent for the Seller for the P.JfP05e 01 giving and receiving notices pyrsuant to this Agreement. Where a Brokerage (BU)'!!f's Brokerage) has entered into a ref)f85efllation agreement with the Buyer, ihe Bwef hereby oPP9ints the Buyers ~raae as ag8.!)t for the~ givirg a~ecee:."1.'es pursuant to this Aareement. ~ a BiVk~ ~s both the 5eIIer and (muw:..J- ) the Ihkeraae sfial not be entiIIecI or authciiized to be ~ for either the Buyer or the W&far the Of 'Irina ancf recei.m notices. Any notice relating hereto or provided for herein shall be In writing. In addition 10 any ~'E~~n and in any ~uIe hereto, this oIIer( of.lY counler-oller, notice of acceplonce thereof or any notice 10 be given or received ~nt 10 this ~reement or any Schedule hereto snail be deemed given and receiVed when delivered personally or hand delivered to the Address ror Service PfOVlded in the Acknowledgement beloW, or where a facsimile number is proVided herein, when transmitted electronically to that facsimile number. FAX No.1O'S~lH7.)S;:.;:w::=~:;;' ~1.9.S'J1!l::::~~ :;::l;'~ m ill 2010. o...to R..I E_ ~ r0REA1. AI rigHo -..d. Thb!ann... dMapod byOREA ~ d Is.....man<!_ ~. <rly.Any"'-.............-.,.pn>h;bOod_wft,pri<>'_~dOREA.OO....lwwhon,..,.........,.,..ldng...___. Form 100 Ro..03/2010 Po.e 1 of 5 WEBFams'" Mar/2010 898 4. CHAmLS INCLUDED: 5. FIXTURES EXCLUDED: 6. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Buyer agrees to assume the rental contract(sl, if assumable: ....................................................................................................................... ............................................................................................................,............................................................ 7. GST/HST: If the sale of the property (Real Property.asJ~~<;ribed abovel is subject to Goods and Services Tax (GST) or Harmonized Sales Tax (HST) then such tax shall be.~I).........~I.(mJol..J..r...l:....,.,...... the Purchase Price. If the sale of Ime uoeo m .n ooo.l.on 10) the properly is not subject 10 GST or HST, Seller agrees 10 certify on or before closing, that the sale of the property is not subject to GST or HST. Any HST on chattels, if applicable, is not included in the purchase price. S'. TITLE SEARCH: Buyer shall be allowed unfiI6:00 p.m. on the .......................... dayoL................................., 20......., (Requisition Datelto examine the title to the Property at Buyer's own expense and until the earlier of: (i) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (iil five days prior to completion, to satisfy Buyer that there are no outstanding work orders or deficiency notices affecting the Property, and that its present use (.......................................................................................................1 may be lawfully continued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders and deflciency notices affecting the property, and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably require. 9. FUTURE USE: Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by Buyer is or will be lawful except as may be specifically provided For in this Agreement, 10. mLE: Provided that the title 10 the properly is good and free from 011 registered restrictions, charges, liens, and encumbrances except as otherwise speciFicalfy/rovided in this Agreement ana save and except for (0) any' registered restrictions or covenants that run wiih the Ian p'roviding that such are complied with; lbl any registered municipal agreements and registered agreements with publicly regulated utilities proviaing such hove been complied with, or security has been posted 10 ensure compliance and completion, as evidenced by 0 lelter from the relevant municipality or regulated utility; leI an~ minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and dl any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, coble television lines or 0 er services which do not materially aRect the use of the property. If within the specified times referred ta in paragraph S any valid objection to title or to any' outstanding work order or deficiency notice, or ta the fact the said present use may not lawfullY. be continued or that the principal building may not be insured against risk of fire is made in writin~ to Seller and which Seller is unable or unwilling to remove, remedy or satisfr. or obtain insurance save and excert against risk of fire (Title Insurance) in favour of the Buyer and any mortgagee, (With 011 related costs at the expense 0 the Seller), and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, sholl be at on end and all monies paid sholl be returned without interest or deduction and Seller, Listing Brokerage and CO<lperating Brokerage sholl not be liable for any costs or damages. Save os to any valid objection so made by such day and except for any abjection going to the root of the title, Buyer shall be conclusively deemed to hove occepted Seller's title to the property. 11. CLOSING ARRANGEMENTS: Where each of the Seller and Buyer retain 0 lawyer 10 complete the Agreement of Purchase and Sale of the Properiyt and where the transaction will De completed by electronic re~istration pursuant to Port III of the land Registration Re orm Act, R.S.O. 1990( Chapter IA and the Electronic Registration Act, 5.0. 1991, Chapter 44, and any amendments thereto, the Seller ana Buyer aCknowled~e and agree that the exchonge of closing funds, non-registrable documents and other items (the "Requisite Deliveries. and the release thereof to llie Seller and Buyer will(al not occur at the same time os the registration of the transfer/ eed (and any other documents intended to be registered in connection with the completion of this transaction) and (bl be subject to conditions whereby the lawyer(sl receiving any of the Requisite Deliveries will be required to hold some in trust and not release some except in accordance with the terms of 0 document r~istration agreement between the said lawyers, The Seller and Buyer irrevocably instruct the said lawyers 10 be bound by the document registration agreement which is recommended from time to .time by the law Saciety of Upper Canada. Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will occur in the applicable Land Titles Office or such other locallon agreeable to both lawyers. 12. DOCUMENTS AND DISCHARGE: Bu~r sholl not call for the production of any tifle deed, abstract survE!Y or other evidence of title to the property except such as ore in the passession or control of Seller. If r~uested by Buyer, Seller will deliver any sketch or surv~ of ihe property within Seller's contrallo Buyer as soon as ssible and Qrior to tIie Requisition Date. If a disdiarge of any ChOrge/MOrtgage held by a corporofion incorporoted pu nt to the Trust And Locin Companies Ac.t (Canadal, INITIALS OF BUYER(S): INITIALS OF SEWR(S): ~ m 02010. Oralo....~....-, r<JIfA1. AI .........-...l. TNobm....doooIcpdbyORfA lor tho . of.. -.oNl "-- ~ aoIy.""'__..~.pn>hl>ilod_.....priao'__ofClRfAIlo...~......prinO"ll..~tho....bd_parion. Form 100 Rov.03/2010 "-2015 WEBFotma 1M Marl201 0 899 Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed br. Buxer on completion, is not available in registrable Form on completion, B~r agrees to accept Seller's lawyer's personal un~ertaking to ?btai~, ?ut of the closing fu~ds, a ~ischarge in regis~able IO"!,, and to register same, or cause same to be registered, on tirle Within a reasonable penod of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a rea~time electronic cleared lunds transfer system is not being used, a direction executed by Seller directing poyment to the mortgagee of the amount required to obtain the discharge out of the balance due on compfetion. 13. INSPECTION: Buyer acknowledges having had the opportunity to inspect the property and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller. The Buyer acknowledges having the opportunity to include a reguirement for a propertY. inspection rept?It in thi. Agl'88ment and aprees that except as may be specifically provided for In ttii. Apreement, the Buyer will not be obtaining a property Inspection or property inspection report regarding the property. 14. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Seller. Pending completion, Seller shall hold all insurance policiesr if any, and the proceeds thereof In trust for the parties as their interests may appear and in the event of substantial damage Buyer may either terminate this Agreement and have all monies paid returned without interest or deduction or else ta~e tlie Ilroceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Seller is taking back a Charge/Mortgage, or Buyer is assuming a Charge/Mortgage, Buyer shall supply Seller with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's interest on completion. 15. PLANNING ACT: This Agreement sholl be effective to create an interest in the property only if Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligenrly at his expense ta obtain any necessary consent by completion, 16, DOCUMENT PREPARAnON: The Transfer/Deed shall, save for the Land Transfer Tax Affidavit, be Ilrepared in registrable form at the expense of Seller, and any Charge/Mortgage to be .siven back by the Buyer to Seller at the expense of the Buyer. If requested by Buyer, Seller covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O.1990. 17. RESIDENCY: Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay to the Minister of National Revenue to satisfy B~er's liability in resl?8ct of tax payable by Seller under the non-reSidency provisions of the Income Tax Act by reason of this sale. Buyer shall not claim such credit if Seller delivers on completion the prescribed certificate or a statutary declaration that Seller is not then 0 non-resident of Canada. 18. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmeterea cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Buyer. 19. PROPERTY ASSESSMENT: The Buyer and Seller hereby acknowledge that the Province of Ontario has implemented current value assessment and properties may be re<Jssessed on an annual basis. The Buyer and Seller agree that no claim will be mode against the Buyer or Sellerl or any Brokerage or Salesperson, for any changes in property tax as a result of a re<Jssessment of the property, save and except any property taxes that accrued prior to tile completion of this transaction. 20. nME UMITS: Time sholl in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Seller ana Buyer or by their respective lawyers who may be specifically authorized in that regard. 21 . TENDER: Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for comElletion. Money may be tendered by bank draft or cheque certified by 0 Chartered Bank, Trust Compony, Province of Ontario Savings Ollice, Credit Union or Caisse Populaire. 22. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the family Law Act, R.S.O.1990 unless Seller's spouse has executed the consent hereinafter provided. 23. UFFI: Seller represents and warrants to Buyer that during the time Seller has owned the pro~r!y, Seller has not caused any building on the property to be insulatea with insulation containing ureaformaldehyde, and lIiat to the best of Seller's knowledge no building on ihe property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is port of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 24. LEGAL, ACCOUNnNG AND ENVIRONMENTAL ADVICE: The parties acknowledge that any information provided by the brokerage is not legal, tax or environmental advice. 25. CONSUMER REPORTS: The Buyer is hereby' notified that 0 consumer report containing credit and/or personal information may be referred to in connection with this transaction. 26. AGREEMENT IN WRITING: If there is conflict or discrefX!ncy between any provision added to this ~reement (including any Schedule attached hereto) and any provision in the standard pre-set portion hereof, the added proviSion sholl supersede the standard pre-set provision to the extent of such conflict or discree9ncy, This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representation, WC!rranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. for the purposes of thiS Agreement Seller means vendor and Buyer means purchaser. This Agreement shall be read with all changes of gender or number required bY the context. 27. TIME AND DATE: An. y reference to a time and date in this Ag~eeme s 011 mean the time and date where the property is located. INITIALS OF BUYER(S):' INITIALS OF SELLER(S): ~ m 10 2010. Oriorio RoaI_""""'" r0REA1. AII..,........d. 1\;, r.... _ dMopod.... OlEA lor..... ~ "''' -. and 1- ~. onIy.Any........"'....-.~_........._con_"'OREA.OO.............f"I'*'g.".pndoci~......ndanl".....prion. F_ 100 Rev.03/2010 ...... 3 of 5 WEBFoml.'" Mar12010 899001 28. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are E~:'~':~:~ ~~=~~~=-':i :~~~J:::: I, the Undersigned Sellerl agree to the above Offer. I hereby irrevocably instruct my lawyer to pay directly to the listing Brokerage the unpaid ba ance of the com'mission together with applicable Goods and Services Tax (and any other taxes as may hereafter be applicable), from the proceeds of the sale prior to any payment to the undersigned on completion, as advised by the Li' Brokerage to my lawyer. ~:~.~.. ...~. D.~~~~~~.~.:~..~~.~:,~~.~.~.~::... IZ:~.~~ .::~~;.:.=..~~~~.~~.~. M. DATE.~.~/l..O ~~.ui"""""""'" .... .............................................~!:.......~:~l................................................ !~ DATE................................... SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act, R.S.O,1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents to give full force and effect 10 the sale evidenced herein. ................................................................................ ................................................................................ . DATE................................... (Wilno..\ ISpou..1 (Sooll CONFIRMATION OF ACCEPTANCE: Notwithstanding anything contained herein 10 the contrary, I confirm this Agreement with all changes both typed and written was finally accepted by all parties al.....?'//.'?:...m.lp.;,I1n}f,;.~.......................day of.. ,......... ....r?'!t.'!q-,f!...... .... ..... .,. ... ,.;~~~~~ ~N .ROKERAGI;~';"'IV::.a(sf1;e ;,rsooo; o;B;,ye,j..... ,.. ..,......... Usling Brokeroge..~Y.~.!~~~.ry,.~.~.~~.~.~.~.~~~:.~.~~~.~~~~.~.. .......... ........ ......................................... Tel.No..?~.~.~~.~7~.~.?~............. ............ .~.?W!?~~~~..~!!.~~!.9.~~!!?!?................................................................................................................................................................... Coop/8uyer Brok8roge..~.g9.M..~~~?~..~A..~TI.:lli~:I.~!9..~.M9.~........... TeI.No..L?Qm~~.:~~....................... J.~Q~.~.~...................................................................f.9.~!.~9.~................................................:......................... ............................ ACKNOWLEDGlMlNT ~=~~~.~~~~ l~~~'.:~~~ 1..."1 ..,..r) Address for Service....................... ............................ ..... ........ .......... ..... ..........................................................TeI.No........................................ Seller's Lawyer...................................................................................... Addre.......... ....................................................................................... ................... .tio[No........................... ................... ...FAlC'NO':.................... Address lor Service........ ............. ..... ............... ............ ......... ...... ... ........ ........................................................Tel.No.......................................... Buyer's Lawyer...................................................................................... Addres............................................................................................... . .................. ..Tio[No:......................... ..................... 'FAX 'No. ..................... FOR OFFICE USE ONLY c__ 'IllUST _NT To: Co<>poroling BroI<orag. .hown on 1h.lorogoing "IllOOmonf 01 Pun:ho.. ond Sol.: MINCOM MILLENNIUM REALTY INC., BROKERAGE In consId.....ion for Ih. Co<>poroting Brokerag. procunng 1M forogoinu Aureement 01 PIKCho.. ond Sol., I h.reby declare Ihot 011 money. rec.ived or rocelvoble by me In connoelion wtth the Transaction as contempoted In theMLSe Rule. and Re.gulotion. of my Real E,la.. Boord shall be re~bIe and held in trult. Thll agreemenl.hall conatituteo Commission TNslAgreement o. do6ned in Ih. ~ Role. ond .holl be subject 10 ond gOYWnOCl by Ih. M~ RuI.. ponoining 10 Commi..ion Trull. o. 01 . dolo and Hm. of 1M occeplonctl 01 Ih. foregoing Agr_ont 01 Purcho.. ond Sol.. .d by: i;;';;ii.~ri~"';; bi;;;j'ti;;;.ii;ji;;g.w~~i................................................ [H 02010. Oraio Real e.. _ l"ORfA1. AI rlgIs.......... Thi. bm _ dowIcs>od by OlEA lor...... "'"'~tI..""""and_ u."._ anIy.Any_...cr~.pohi>tod_.....prioo'__tlOIfADo...._....."'cr~..._......_ '- 100 Rev.03/2010 ..... 4 of S WEBFcmls'" Marl2010 899002 fJREA Et"i: Schedule A Agreement of Purchase and Sale Fonn 100 for use in the Province of Ontario This Schedule is attached to and forms part of the Agreement of Purchase and Sale between: BUYER,. .1.~.~.~~?9. .Q~~.l? ~~~'''''''''' ......... .......................,.................. ..... ............. ....................,........................., and SELLER,. M~i.<?!p'~I.i.t.Y. ~f ~.I.l!!'!!!g~9.~,.................,....,....,...,.........................................,......................................,..... .... for the purchase and sale of )~.~.9.~.l?~~.R~~~!4~.~Y.~I.~~Hm~~.....................................................................,.......... S.~~g~~J;l........................................ doted the .~~~~.................................. day of .M~~~~..........,............., 20..1.9..... . Buyer agrees to pay the balance os follows: The Buyer agrees to pay the balance of the purchase price, subject to adjustments, by bank draft or certified cheque, to the Seller on the completion of this transaction. The Buyer agrees to submit a deposit of FIVE THOUSAND DOLLARS ($5,000.00), to Ryan Realty Services Ltd., Brokerage, by negotiable cheque, at the time of notification of fulfilment or removal of the condition pertaining to Council Approval, to be held in trust pending completion or other tennination of this Agreement. This amount is to be credited towards the purchase price on completion of this transaction, The Buyer and Seller acknowledge that the lots are fully serviced with water, hydro and gas and that building pennits are available. The Seller agrees to provide the buyer with any surveys, engineering reports and environmental studies on the said property upon acceptance of this agreement. '" 'Fb~dl",. "lS'......~ to previae rEla98Raele TElilll\ll:lfa:'"\':,,l fu. ..dvt:r5e soil condltlon5Irt:u...uw,("."4, ~ # ,liil The Seller /Iud Buyer acknowh:dgt: ..lid ..~"" tl."l (;t1, to d." lul5 lllay bt: du"...t\.d on elesitig lit th.:. BU'y""b u!11i()n.~ ,fi4 The Seller and Buyer acknowledge that the closing date, at the Buyer's option. will not be earlier than May 1,2010 and not later than December 22, 2010. 30 &u.p ruJ-tce ~ be pt--o\(lcliuJ. 0 l.o,.d'f'^j~ tv ~ do~d-~ ~~ This form must be initialed by 011 parties to the Agreement of Purcha INITIALS OF BUYER(S): INITIALS OF SELLER{S): ~ m C>2010.0Ul0....e__f"OllEA1. Allrigho--..d. T1;."'""_...."'.H"OREA...... a cI""'-a..,U,.,_ u:! ..;,.......__..~i,pd;bdod_..th.....__clOOfA.OO...""'wl-.npoYO"ll..~IcoIbnd..d~prion. Form 100 Rev.03/2010 Pale 5 of 5 WEBFotms'" Marl2010 899003 .nI!A ?:r_ ~ ...._iaIIan Schedule 2- Agreement of Purchase and Sale form 105 lor ... 10 tho ""..... 01 0nIart0 This Schedule is attached to and forms part of the Agreement of Purchase and Sale between: BUYER,..........,......l5aq~50.....0NmR.\O....lN.C..~........,......,..........................,.................,...... and SELLER,..M~~~!p.~Fo/. .~{,q~~g.t~~.".................."......,........,........................................'"'''''''''''''''''''''''''''''''''''''''' for the property known as....\ew....&oRUE.....~jNa..bS....DR,.....COuftn'-b............................,.. ............................................ doled ~. .........a':i:#-I. .......... dO~~.~~~tl~. . This offer is conditional upon Municipal council approval witl::t1.~ d",~ uf ....""..bu..... uf this r failing which this offer is null and void and the buyers deposit is retumed in full without interest or deduction. This condition is included for the benefit of the seller and may be waived at their sole option. The buyer agrees to: adhere to-the the lot grading plan as provided by the seller at a later date. pay for a $350 street boulevard tree to the Municipality pay $500 for a road damage deposit to the Municipality pay a base price of $200 fora curb cut to the Municipality and the buyer is aware there may be additional costs AI pay GST (prior to June 30. 2010) or HST (after July 1,2010) in additi~. AU ftRill' tBIl,~ }'UI"lrksG p.iee 'f'v'.' The buyer is aware that at time of building permit additioi1al ~evies Iirc to be paia including: ~ regional $18.521 . . municipal $13,785 educational public $ 835 separate S 364 The buyer is aware that these are 2010 levies and subject to review June 3Q. 2010. The buyer is responsible to verify and satisfy themselves as to all costs and levies for this lot. . The buyer is aware that this a fonner site of a Fire Hall and that a Phase 1 and Phase 2 Environmental Site AS$CSsment has been done and agrees to purchase the lot as is. The buyers enters onto these properties at their own risk and liability. The buyer is aware that the lots at 182 George Reynolds Drive require fencing on the west side and 194 George Reynolds Drive require fencing on the east and north sides. All fencing is subject to Municipal approval. This Form must be initialed by all parties to the Agreement of Pw:cha INITIALS ',9F BU.YER,(~)t. ". INitiALS OF SEWR(S): ~ [H C 2008. Onlaria 1001 EiIa.. _IiclII"O<<fA1. All righb ..........l:1hI, farm _ . ..~....... II'! and repiadvcJiari ....... 01 ib.....t>en and 1__ only. Mot ""or _ or ~Ion I. prahlbloed ~"l". wfth prier .... - 01 OlEA. . form 105 2008 Pat- 1 of 1 WEBFomI4'" NovI2007 899004 III i i! ! . i .18. i' I C 8 III ... 106 ... . 8 . 06 55o-I~LE"C. 'I '"' "'" Q., fA ..~$teI~ M . ',et"lt .' .', ...., g , .1Wd ' C't fA ..ot$i'oI~ M WeE v-' o t .1Wd', .,>. I..." ~ '"' ' lint , ~ ' ":~. .D'p.t~ M ' s: .1Wd fA ..ot$i'oI~ M ~at z ~ ..s, ,"- , - --... ... , , -J, 6/ ~ ,~ 5' I . (06( ~ ~ ~' . ~ \ ~ o :II: ~ ... ' ~ ", ........ ~ ~ ?; .1Wd ~ M ..oc.Et.II~ M I --- n'~ ~ l.~Vd ~ ~~.- .. :ot.Etol~ i' v 899005 . . 'f)REA~e: Confirmation of Co-operation and Representation =:~~~~~;~~~I~~~;;~~~~;; For the purpo.... of thi. Conflrmation 01 Co-operalion and Repre.enlatlan, a "Seller" include. a vendor, a landlard, or a pralfl8dive, ...Iler, vendor or landlord and Q "Buyer" includes a purchaser. atenan', or 0 prospective, buyer, purchaser or tenant and a "sole" includes 0 lease. 11M foIIawIng Infonnatian I. conflnnecl by.... undenlgnecl solesper~lbrok... ..........ntatlve. 01.... .......erage(.). "a Co-op....ling .......... i. ImraIwcIln .... transoctian, .... brok.ragea ...... 10 co-aperate, In canaicleralion 01, and on .... term. and ~ CIf set out belGw. DECLAIlAnON Of INSURANCE. 11M und....igned .........non/brok... rep....nlollve(.) of the lrok.rage(.) h.reby deela.. thai he/.h. i. in.ured a. required by .... Real 1010.. and lu.I..... look... Ad lREIIA) and Regulcmon.. Fonn 320 for use in the Province of Ontario 1. LISTING BROKERAGE The Listing Brokerage represents the interests of the Seller in this transaction. 2. CO-OPERATING BROKERAGE The Co-operating Brokerage represents the interests of the Buyer in this transaction. It is further understood and agreed that the Listing Brokerage will pay the Co-operating Brokerage [l] the commission as indicated in the MLS@ infonnation for the property or, ifnot an MLS@ listing: 0 a commission of......................................................................................................................................... plus applicable Goods and Services Tax, from the amount paid by the Seller to the Listing Brokerage, on any trade wherein the Co-operating Brokerage has obtained an accepted Agreement of Purchase and Sale, option to Purchase or Agreement to Exchange and/or Lease. Said payment of commission will not make the Co-operating Brokerage either the agent or sub-agent of the Seller or the Listing Brokerage. Additional comments and/or disclosures by Listing Brokerage: Additional comments and/or disclosures by Co-operating Brokerage: [e.g. The Co-operating Brokerage represents more than one Buyer offering on this property.] COMMISSION TRUST AGREEMENT: If the above Co-operatins Brok....S. i. receivins payment of commission from the LimnS Brokenlg., then the a8l"em.nt belween Li.tins Brolterog. and C<H>peratins Brok....s. IIutber incIud.. . Commission TlUBt Asreemenl. the consideration for which is the ClMlpOt1ItinS BrokeraS. procurins an off.r for a trade of the property. acceptabl. 10 the S.lIer. This Commission TlUBt Agreement sball be subject 10 and so.cmed by lb. MLS<<l rules and reSUlationa perlIIininS 10 commission trusts of the LislinS Brokerase's local real estat. board, If lbe local board's MLS<<l roles and ",sulalions so provide. Otherwise, the provisiona oft". OREA recommended MLS<<l rol.. and resulations shall apply 10 this Commission TlUBt Asreement. For the purpoee of thi. Commis.inn TlUBt Asreemeot. lb. Commission TlUBl Amount .ball be lb. amount noted abov.. Th. Limns Brokenlg. hereby declares thai all monies receWed in connection with the trade shsll constitulO . CommiBSion TlUB. and shall be held. in trus~ for the Co-operalinS Bro\teras. under lb. term. of the applicabl. MLS<<l rulea and resu\ationa. SIGNED IY THE IROKER/SALESPERSON REPRESENTATlVElS) OF THE IROKERAGElS) (Where applicable' 1~1~~f~.~~~l~r~Sc~;i=:~~~~8~...................................... .~~1I~i~~7~~~~~TY.c~~~~i.~~ .~I.:.:~~.~ .:.!~~~:t:~~:..::::.:.::..:.:.::~.~~:.~~~:~::~~~~:-::i:0.:.:..~:~.i. ~~.......:.:..~i~~~~.?O~.:::..:.:.:::::.:::.:~~~~..~~.9!;::~~.:a4:);;J.:.. Authorized to bind ~tLi;ti~9 rroke. (A ri F~rU~ &f{~/Buyor Brokeroga) ............................~............... ...~............................................... ........................................................................................................... (Print Name 01 Broker/Sole"",,,on res ntati.. of the Brokerage) I . Name 01 Braker/Sole.ponon Rapro.entaKve 01 the Brol<ar0gel CONSENT FOR MULnPLE REPRESENTATION (10 be completed only if the lrokerage ..pres_ mo.. than 0'" client for .... tranaactlon.) C) C) The Seller/Buyer con..nt with their Initials to their Brok8l'Clge .....,...nting mo.. than on. clienl for this transaction. IlITIR'S INITIALS ~~~:~:;1~~""".....:.................=~z.:~~~. rn 02008, Ontario Rool E_ Assoc:lolion rOREA1. .... 'ighb rewved. lhl.1cnn woo dovolopod by OREA "" .... .M and ..pooducfion ~ of ill membe... and Ikensees onty. Any obi" use or ...production is prohibited except with prior written consent of OREA Form 320 2~!...~. _ ~:_~ ,:!"'~ 899006 t}REA E:e..:. Agreement of Purchase and Sale Form 100 for use in the Province of Ontario This Agreement of Purchase and Sale dated this..?~.~..,......................... day of .M.l!r~~..................................... 20).9..... BUYER,. J.~.~~~~.9. 9.p.~.'?m~............ .... iFume;jof ;'-om;'5' or aII"Buyersj"' ................ .... ........................, agrees ta purchase from SELLER,.M~~~jp.~J!!y',~U~'~g~.,?~....... '/..1'.'....1.. ...... ..1..lr...'....... .................................... ................... ...., the following Fu ego names a a Se lers) REAL PROPERTY: Address..~~9..Q~<?~&~.~~~'?,~.p.!'!~~I.~.<?~~~~................................................ fronting on the .N<?~....................... side of.9.~.'?r~~ .~~~~!~~. P'1}y'~............. in the . M~~j9.ip'~~~t.Y.~f..... .q~~~~... ..... ............ ........................... ........................ and having a frontage of .~~~~J~L......................... more or less by a depth of ,P.?Jl1~.t............................. more or less and legally described as .~.'?~~.~~.~!~t:I..~ .~~ .~~1.~!?~!~t:I.~9.~~~.~~ .~~t:\ .~. ,.., ....................... ................ ..... ,... ,.. .....,......... ....... .,.......... ........ .,... 'li.igor'cl;"sCripiio,;'ona~i1'i;;cruding'eai;,m;';;i.;;Oi 'clesCiil:i8der.ew~;;riil" ..,........ .,...... ....... ,....... (the "property"). PURCHASE PRICE: Dollars (CDN$)J9M9.9...9Q............................ .9.P.~. ~~~~~ .'D.1.C?~.~~............,...............,........................................,..........,......................................... ...... .Dollars DEPOSIT: Buyer submits . .~~ .l?~h~~.i.~~.~~~~r:j~ .jP'.~!.~ :~gr~~~t:I~.... ...... ....... ............................................................. (Herowlth/Upon Acceplance/as otherwise described in this Agroomenij . ~!:-:!=. .Thl?!-!~.~~.......................................,..,............................................... Dollars (CDN$). ?!9.~:9.9........",............... by negotiable cheque payable to.~y.~.~~~,!Y..~!l.ty.i.'i~~.q~:\,~~~~~~gL............................,................. "Deposit Ho'der" to be held in trust per'!di~ completion or other lermination of this ~reemenl and to be credited toward the Purchase Price on completion. For the purposes of thiS Agreement, "Upon Acceptance" shall mean that the Buyer is required to deliver the dep'osit 10 the Deposit Holder within 24 hours of me acceptance of this AQreement, The pt1rties to this Agreement hereby acknoWledae thot, unless otherwise provided lor in this Agreement, the DepoSit Holder shall place the deposit in trust in the Deposit Aolder's non-interest bearing Real Estate Trust Account and no interest shall be earned, received or paid on the deposit. Buyer agrees to pay the balance as more particularly let out in Schedule A aHachecl. SCHEDULE(S) A.,.~}.L.........j'... ............................................aHached ~.rm(sl part of this Agreement. 1. IRREVOCABILITY: Thi~e all be irrevocable by .~ISef!Ji~.............. until .~.:.9.9................ pm on the ~....~~..~........... of .M~.~...................................... 20),9....., alter which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without interest. 2. COMPLmON DATE: This Agreement shall be completed by no later than 6:00 p.m. on the .~.~~.~~.~~~~.1.~.?~'.'....... day of ..........................................., 20......... . Upan completian, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement. 3. N011CES: The Seller herebycappoints the Ustil19 Brok8f'09l! as agent for the Seller for the p.urp0s8 of giving and receiving notices P\lrsuont to this Agreement. Where a BrOkerage (Buy,r's Brokeragel has entered into a r~totion agreement with the Buyer, ihe Buvei" hereby apP9ints the Buyer's Brokeroae as ~t for the pu~ givi!!l and receivi::i ~ pursuant to this Aaieement. ~_, ....:..'teraae ~ bOIh the 5eIIer and the (mulol:'..le......... ......) the Brobraae sliall nat be.- ;~ to be ~ for either the ~ or the s.Z'r fOr'ihe Of iYina ana r'I .. naIices. Any notice relating hereto or prOvided for herein shan be In wrifing. In addition to any ~~conto~ ~rein a~ule heretO, this offer, a!:ll( counler-olfer, notice. of acceplonce thereof or any notice to be given or received pursuanllo this ~reement or any Schedule hereto snail be deemed given and received when delivered Jl8MI1ally or hand deli'lered to the Address lei Service ~ in the Acknowledgement beloW, or where a facsimile number is proYided herein, when transmitted electronically to that Iocsimile number. FAX No. .~9.~:1}~~~.!~'~...........~~(:;::e~:f;~~~:;;~:rl~g.~~.?~9.:::~~~.~~. ::~::::):f2;:; r:e C 2010. o..m RtaI E__ r<JIlEA1. Allrigho -*.11;, "'m_dMIq>odbyORfA~d"""-'aod- ""'0' onIy.Any__OI~.prohibiIod_w;;,pria_......dORfA.Do...olor_.....~OI~....'ncbd"'"""_. 'orm 100 Roy.03/2010 Pa.el 0.5 WElIForms'" Mar12010 899007 A. CHAmLS INCLUDED: S. FIXTURES EXCLUDED: 6. RENTAL InMS: The following equipment is rented and not included in the Purchase Price. The Buyer agrees to assume the rental contract(sl, if assumable: ....................................................................................................................... 7. G51/H51: If the sale of the property (Real Property. os ~3~<;ribed abovel is subject to Goods and Services Tax (GST) or Harmonized Sales Tax (HST) then such tax shall be.!I:I..~,...I.~I.(m.~ol..J..J.....,....,.,...... the Purchase Price. If the sale of . line uaea on/on aaallla" tal the property is not subject to GST or HST, Seller agrees to certify on or before closing, that the sale of the property is not subject to GST or HST. Any HST on chattels, if applicable, is not included in the purchase price. 8. nTLE SEARCH: Buyer shall be allowed until 6:00 p.m. on the .......................,.. day of...................................., 20......., (Requisition Datel to examine the title to the Property at Buyer's own expense and until the earlier of: (il thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (iil five days prior to completion, to satisfy Buyer that there are no outstanding work orders or deficiency notices affecting the Property, and that its present use (...................................................,...............................................,...) may be lawfully continued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders and deficiency natices affecting the property, and Seller agrees to execute ond aeliver such further authorizations in this regard as Buyer may reasonably require. 9. FUTURE USE: Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by Buyer is or will be lawful except as may be specifically provided for in this Agreement. 10. nTLE: Provided that the title ta the property is good and free from all registered restrictions, charges, liens, ond encumbrances except as otherwise sp.ecifically provided in this Agreement ana save and except for (01 any registered restrictions or covenants that run wiih the land providing that such are comp'lied with; (b) any registered municipal agreements and registered ogreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; lc) an~ minor easements for the supply of domestic utility or telephone services to the p'roperty or adjacent properties; and dl any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable televisian lines or at er services which do not materially affect the use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any' outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued or that the principal building may not be insured against risk of fire is made in writing to Seller and which Seller is unable or unwilhng to remove, remedy or satisfy or obtain insurance save and excert against risk of fire (Title Insurance) in favour of the Buyer and any mortgagee, (With all related costs at the expense 0 the Sellerl, and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shall be returned without interest or deduction and Seller, Listing Brokerage and Co-operating Brokerage shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Buyer shall be conclusively deemed to have accepted Seller's title to the property. 11 . CLOSING ARRANGEMENTS: Where each of the Seller and Buy.er retain 0 I~er to complete the Agreement of Purchase and Sale of the Propertxl and where the transaction will De completed by electronic registration pursuant to Part III of the Land Registration Re orm Act, R.S.O. 1990{ Chapter LA and the Electronic Registration Act, S.O. 1991, Chapter AA, and any amendments thereto, the Seller ana Buyer acknowle~e and agree that the exchange of closing funds, nOrH"egistrable documents and other items (the "Requisite Deliveries and the release thereof to t~e Seller and Buyer will (al not occur at the same time as the registration of the transfer/ eed (and any other dQCuments intended to be registered in connection with the completion of this transaction) and lb) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except in accordance with the terms of a document registration agreement between the said la~ers. The Seller and Buyer irrevocably instruct the said lawyers to be bound by the document registration ogreement which is recommended from time to time by the Law Society of Upper Canada. Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will occur in the applicable land TItles Office or such other location agreeable to both lawyers. 12. DOCUMENTS AND DISCHARGE: Buyer shall not call for the production of any title deed, abstroct survey or other evidence of title to the p'roperty except such as are in the possession or control of Seller. If r~uested ~ Buyer, Seher will deliver any sketch or survey of ihe property within Seller's control to Buyer as soon as possi Ie and prior 10 llie Requisition Date. If a disc~arge of any Charge/MOrtgage held by a corporation incorporated pursu 10 the Trust And Loan Componies Act (Canada), INInALS OF BUYER(S): INITIALS OF SELLER(S): ~ [D 02010. Onlorto RoaI E__ r0lEA1. AI rigIlos -..d.1hb bm.... do.oIapod by OlEA and",,-, cI.. ....... and_ .."0' onIy.Any__..~ilpoaNbOod_....p;a___oIOREA.Oa""ah".I..........,orlOplOduclre.....__""''''' 'orm 100 Roy.03/2010 ...... 2 of 5 WEBForrna'" Marl2010 899008 Chartered Bonk, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed bY. Buyer on completion, is not ovailable in registrable form on completion, B~er agrees to accept Seller's lawyer's personal uni:lertaking to obtain, out 01 the closing funds, a discharge in reaislrable IOrm and to register some, or couse same to be regis.tered, on title within 0 reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer 0 ~ortgage st'!tement prepared by the mortgag~ sellinll out the bala~ce r~quired to obtain the discharlJe, and, where 0 reo~ltme electrOniC cleared Iunds transfer system IS not being used, a d,reclton executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out 01 the balance due on compretion. 13. INSPECTION: Buyer acknowledges having had the oppartunity to inspect the propertx and u'nderstands that upon acceptance 01 this Offer there shalr be a binding agreement of purchase and sale between Buyer and Seller. The Buyer acknowledges having the opportunity to include a reguirement for a proper!Y.lnspection report in this Agreement ond a$lrees that except as moy be specifically provided for In tliis AllIreement, the Buyer will not be obtaining a property Inspection or property inspection report regarding the property. 14. INSURANCE: All buildings on the properly and 011 other things being purchased shall be and remain until completion 01 the risk of Seller. Pending completion, Seller sholl hold all insurance policiesf if any, and the proceeds thereol In trust for the parties as their interests may appear and in the event of substantial damage Buyer may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds 01 any insurance and complete the purchase. No insurance sholl be transferred on completion. If Seller is taking back 0 Charge/Mortgage, or Buyer is assuming 0 Charge/Mortgage, Buyer sholl supply Seller with reasanable evidence of adequate insurance to protect Seller's or other mortgagee's interest on complehon. 15, PLANNING ACT: This Agreement shall be effective to create an interest in the property only il Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligen~y at his expense to obtain any necessary consent by completion. 16. DOCUMENT PREPARAnON: The Transfer/Deed sholl, save lor the Land Transfer Tax Affidovit, be prepared in registrable form at the expense 01 Seller, and any Charge/Mortgage to be .a.iven back I?Y the Buyer to Seller at the expense 01 the Buyer. II requested by Buyer, Seller covenants that the 1ransler/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O.1990. 17. RESIDENCY: Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to PPy to the Minister 01 Notional Revenue to satisfy Buyer's liability in resF.lect of tax poyable by Seller under the non-resldency provisions 01 the Income Tax Act by reo son 01 this sole, BUy'er sholl not claim such credit if Seller delivers on completion ihe prescribed certificate or 0 statutory declaration that Seller is not then a non-resident of Canada. 18. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and un metered public or private utility charges and unmetered cost of fuel, os applicable, shall be apportioned and allowed to the day 01 completion, the day of completion itsell to be apportioned to Buyer. 19. PROPERTY ASSESSMENT: The Buyer and Seller hereby acknowledge that the Province of Ontario has implemented current value assessment and properties may be re-assessed on an annual basis. The Buyer and Seller agree that no claim will be mode against the Buyer or Sellerl or any Brokerage or Salesperson, for any,changes in property tax os 0 result of a re-assessment of the property, save ana except any property taxes that accrued prior to the completion of this transaction. 20. nME LIMITS: Time sholl in all respects be of the essence hereof provided that the time for doing or completing of any moiler provided for herein may be extended or abridged by on agreement in writing signed by Seller and Buyer or by their respective lawyers who may be specifically authorized in that regard. 21 . TENDER: Any tender of documents or money hereunder may be mode upon Seller or Buyer or their respec;tive lawyers on the day set lor completion. Money may be tendered by bank draft or cheque certified by 0 Chartered Bank, Trust Company, Province of Ontario Savings ORice, Credit Union or Caisse Populaire. 22. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Seller's spouse has executed the consent hereinafter provided. 23. UFFI: Seller represents and warrants to Buyer that during the time Seller has owned the pro~r!y, Seller has not caused any building on the propertx to be insulatea with insulation containing urealormaldehyde, and that to the best of Seller's knowledge no building on ihe property contains or has ever contained insulation that contains urealormaldehyde. This warranty sholl survive and not merge on the completion of t~is .transa~tio~, and if t~e buildi.ng is part.ol 0 multiple unit building, this warranty sholl only apply to that port of the bUilding which IS the sublect of thiS transacllon. 24. LEGAL, ACCOUNTING AND ENVIRONMENTAL ADVICE: The' porties acknowledge that any information provided by the brokerage is not legal, tax or environmental advice. 25. CONSUMER REPORTS: The Buyer Is hereby- notified that a consumer report containing credit and/or personal Information may be referred to in connedlon with this transaction. 26. AGREEMENT IN WRlnNG: II there is conflict or discrepqncy between any provision added to this Al1reement (including any Schedule attached hereto) and any provision in the standard pre-set portion hereof, the added proviSion sholl supersede the standard pre-set provision to the extent of such conflict or discre~ncy. This Agreement including any Schedule attached hereto, sholl constitute the entire Agreement between Buyer and Seller. There is no representation, warranty, collateral agreement or condition which affects this Agreement other than os expressed herein. For the pUrp<?ses of this Agreement Seller meons vendor and Buyer means purchaser. This Agreement shall be read with 011 changes of gender or number required by the context. 27. TIME AND DAn: Any reference to 0 time and dote in this Ag~ment . I mtlOn the time and dote where the properly. is located. INITIALS OF BUYER(S): ' INITIALS OF SEWR(S): ~ m C2010.0.m0We-_t"0llEA,. A1rig/>1o-*.1I;c"""....doooIopodbvOllEAfor..... ~oI,"......bonarol"-- ~ anIy'Anr_.....~."..n;blIod_wfj,prio<_"'"_oIORfAOO.....-prinl"lI..~.......dard_ponan. Form 100 Rev.03/2010 ,_ 3 of S WEBForms'" Mar12010 899009 28. SUCCESSORS AND ASSIGNS: The heir~, executors, dmini~trator~, ~uccessors and assigns of the under~igned are bound by the terms herein. ~"'D;'~'~;... ~....................'=~=~.~.~:::i :=~:~~..... I, the Undersigned 5e. lIer, agree to the above Offer, I hereby irrevocably instruct my lawyer to pay direc~y to the listing Brokerage the unpaid balance of the commission together with applicable Goods and Services Tax (and any other taxes as may hereafter be applicable), from the proceeds of the sole prior to any payment to the undersigned on completion, as advised by the listing Brokerage to my kiwyer. ~:.~~:~=:':.;"~~::..i:~~~~~:::d;: ::=~~/~ SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act, R.S.O.1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. (w;~;i" ..... ........ ..... ................... .............................. iSjjOUiOj.... ............................ :.................. ............... .... !Q DATE................................... CONFIRMATION OF ACCEPTANCE: Notwithstanding anything contained herein ta the contrary, I con6rm this Agreement with all changes both typed and written was 6nallyaccepted by all parties at...1?.fQ.....a.m.lvt ( 1iSli1":;q.........................day of.............r!~!f..............................., 20,J.t!.... . ..../\:0.\~;.;,rseAe;orBi,yorj.................... INfORMATION ON BROKERAGE(S) U.ting Brokerage..~r.~!!.~~~.l.o/..~.~.~.~.~.~.~~:....~~!?~~~g~........ ............. ...... ........... .................. ..... TeI.No..~~.~.~~~~g~......................... .~.?.~~~~~..~~~~.~!.~~~!~.~................................................................................................................................................................... Coop/Buyer Brokerage..~.~9.M..~~~~~~VM..~A.~:r.y.~~:!.~~9.~.~.9.~........... TeI.No..[?Qm~~.:~~.q~....................... J~~.~.~....................................,..............................f9.Y.~T~~~...................................................................................................... ACKNOWUDGEMENT &l~f~~~~~~ ~r~~~~:f~ ~~ (~I . .................. ..TOJ:No.:......................... ..................... ~AX'N<;:"'''''''''''''''''' Addres. lor Service.. .... ............. .... .......... ........ .... ..... ............. ..... ..... ...... ........................................................Tel.No.......................................... Buyer'. Lowyer.. .................................................................................... Addre................................................................................................ . .................. ..t.J:NO............................ ..................... ~AX .N<;:............... ..... Address lor Service...... ......... ...... .... ..... .... .... ............................ ......... .... ..........................................................Tel.No........................................ Seller', Lowyer...................................................................................... Addre................................................................................................ . FOlt OFFICE USE ONLY C_S8ON TllUn AGUIMINT To: ""","",tins Brokorog. shown on "'" Iotogolng "\Iroomoot 01 Pun:ho.. and Salo: MINCOM MILLENNIUM REALTY INC., BROKERAGE In contideration for .... CO:Of)4Irotins Broker. procuring the for'~ng Agreement 01 Purchase and Sale, I here~ declare that 011 moneyl received or NCeiyobIe by me in con"';on with tho TronlOCtion a. conlomploied in Ih. M~ Rul.. and Regulation. 01 my Rool E.k11o Boord .holl be IOCOlwblo and hold In lruII. Thl. agreement sholl constilulo. Commi..ion TM! Ag- 01 defined in the MLS8 Rule.. ond shall be aubjlCf 10 and governed by the MLSe Ru~.. p.rtoinlng to Commiuion Trust. OAT a. tho dolo ond Iim. 01"'" accopIonco oIlh. ~alng Agr_ 01 Pu,cho.. and Sol.. .d by: (k'" m 02010,Ol<orioRocO~_rOREA'. -"Ii Ogho......d.1No1ann_,Io...'P.II"'OllEA...Iho...and............. .....bonand...._ ~. .nv.....,,_....................pn>I.iblIod_..........__oIOREAOO...alorwhoonpriNng...~Iho.........._polIon. '_100 Roy.03/2010 ......4 of 5 WEBFonns'" M.r12010 899010 ~ E:t~ Schedule A Agreement of Purchase and Sale Fonn 100 for use in th. Province of Ontario This Schedule is attached to and forms part of the Agreement of Purchase and Sale between: BUYER,. .1. ??.!?~~9. .9.~~~'? ~'~~""""""""""""""""""""""""""""""""'"'''''''''''''''''''''''''''''''''''''''''''''''''''''''' .., and SEWR,. M~.~~p.~t.r.~f. ~.I.~~~C?~.... ......,. ....,.. ......... ,..,.. ......... ........ .... ...,. ,...... .,....... ,.... ........ ,.. .................. ,. .".,.. .... for the purchase and sale of ..1.~9.9\l.<?rg!:,~~.Y!)!?!4~.P.t:jy.~I.~!?~~~~................................................................................ .q~m~~~I)........................................ dated the .~1~.................................. day of .M!':~~.L....................., 20..1.9..... . Buyer agrees to pay the balance as follows: The Buyer agrees to pay the balance of the purchase price, subject to adjustments, by bank draft or certified cheque, to the Seller on the completion of this transaction. The Buyer agrees to submit a deposit ofFNE THOUSAND DOLLARS ($5,000.00), to Ryan Realty Services Ltd., Brokerage, by negotiable cheque, at the time of notification of fulfilment or removal of the condition pertaining to Council Approval, to be held in trust pending completion or other termination of this Agreement. This amount is to be credited towards the purchase price on completion of this transaction. The Buyer and Seller acknowledge that the lots are fully serviced with water, hydro and gas and that building permits are available, The Seller agrees to provide the buyer with any surveys, engineering reports and environmen. tal studies onle said property upon acceptance of this agreement. ~ TAli ~lI11er Bgfll9S t9 flFeviEill "aSll"p1>le T<:';mhllT.,........."t fer aEi"llFS~ in;! rnnditinn" jfeQtlluntllJed.~ ; Tfill Sllllu aREi Rwyer Belate ..Iedge IIRd 'gree lpat titl~ hi tAe lets HtB~' be directed OR cl9siag at d." BuycJ's up't'. The Seller and Buyer acknowledge that the closing date, at the Buyer's option. will not be earlier than May I. 20 I 0 and not later than December 22. 201{). SC .t~ I'-{l~ M~ b..( ~fll0Q4 "'" "',^-J...~ pH"""'" rtv rn..... U.os1 d eo<. ~ '-IV ,tV This form must be initialed by all parties to the Agreement of Purch INITIALS OF BUYER(S): INITIALS OF SELLER(S): ~ m C2010, omoReal E__r0RfA1. A1rig1oo--.d.Th.bm_.-...q,.dbyORfAIor... and "'..............._ be anIy.My_.....""""'""""I.pd;bitod_....,..._.......oIOREA.Do""'a..whonp;nl~ ...............llancbOf'M"Ipcnlon. Farm 100 Rev.03/2010 ......5015 WEBForms'" Mar/2010 899011 ~~ Schedule ..J!....;.. Agreement of Purchase and Sale Form 105 10< ... In tho _.... tl 0-10 This Schedule is attached to and forms part of the Agreement of Purchase and Sale between: BUYER..........,.....................I.~q~....ONJf.t~.O.....J.N.c.,.:..................,............. . and' ........... ..., SEWR,. .~~~~!p.~!~!Y. ,~(9~~g.t!?~.............................,....,. .......,........................,.................,.........,.,.....,.....,.....,..... for the property known as....J~...G€ORUE...R~;-JNOlJ).S...bR........(b.u.@f.~...............,...... .........................;............,................. dated the .................~~........ day of ....H.OOcJ,J... 20.1.~..... . h'l ~ ~1 a-O I 0 --W IJ). This offer is conditional upon Municipal council approval;. hkiR thiftr ealeRQIH' Q~'e af ueeplllllee af tkie etfer failing which this offer is null and void and the buyers deposit is returned in full without interest or deduction. This condition is included for the be~fit of the seller and may be waived at their sole option, The buyer agrees to: adhere to-the the lot grading plan as provided by the seller at a later date. '(t/ pay for a $350 street boulevard tree to the Municipality ~ pay $500 for a road damage deposit to the Municipality pay a base price of $200 fora curb cut to the Municipality and the buyer is aware there may be additional c . . pay OST (prior to June 30. 2010) or HST (after July 1.2010) in additio~..!dI C...a:;,.,:, tvtht ptll'8l\aelpFie8 The buyer is aware that at time of building pennit additional levies Ire t.O be paid including: regional $18.521 . municipal $13,78.5 educational public $. 83.5 separate $ 364 The buyer is aware that these are 2010 levies and subject to review June 3Q, 2010, The buyer is respOnsible to verify and satisfy themselves as to all costs and levies for this lot. . The buyer is aware that this a fonner site of a Fire Hall and that a Phase I and Phase 2 Environmental Site Assessment has been done and agrees to purchase the lot as is. The buyers enters onto these properties at their own risk and liability. .' The buyer is aware that the lots at 182 George Reynolds Drive require fencing on the west side and 194 George Reynolds Drive require fencing on the east and north sides. All fencing is subject to Municipal approval. This form must be initi.aled by all parties to the A9r~em~n! 0.' ~". sOle.... . ~.' . INITIALS .9F BUYER(~)~. . '.. INITIALS OF SEWR(S): ~ ID C 2008. Onlario Real Eslalo Auo<iolicn roaEA1. ~I righ.. ~:1I1i;iorm";". ~. lor"'" ~.nd ropiodllCllori . "."" oIi~_boraond~anIy. """....ru...".~ IIprahibilacl~Wl1h ptiar . _clOREA. ..orm 10' 2008 ,.I.f 1 .' WEBFomt,'" NovI2007 899012 . ! . i i II ... 8 " III i .. ~ z I 8 206 .. . V"' s;o..., Gt:::::U-L.E \' c.. i, .~ .... 1\..' M. "OE$WI~ M . ..... e. . ~ ,. ..OE.Et'.a~ H Wit o .> .... ~ .~ ..~. . .' :~. .f&p.J' N . '''''' 'e g lWd' t lWd', t iWd ,. ..ot.Et'.a~ H ,,~ ~ lWd z .. o ::i ."--"p 6/-- .... . ~' ~. I . C:;i( ~ ea. ~ . " ~. \ ~ ~ s iI\ rYO~ '._.'-"~' . . ".,-.---.... . ~ (,-c,el i ~ ...~ ~ . ,..,.~ ~'" ~.~ . I .:.DE ~ ~ Z lL o~ , ~~..- 899013 ., ..n~A ~_ ~ Association Confirmation of Co-operation and Representation BUYER:.~ ~.?~.~5.~..9.1?:~~!?.~~~:........................ ........................ .......... ........ ................ ................................................................................................. SEwR:.M~.~.~p.a.li~.~.r.q~~~........................................................................................................................................................................ For!ho transaction an tho property known as:}~.~.9.~.~~g<:)~.~Y.!)..C?~~.~..Qr:i':~\.<:.()~.~~<:......................................q~g.~~I)-....................................... Far !ho purposes of !his Confirmalian of Ccx>poralian and Roprosonlalian, a "Sollor" includes a vondar, a landlord, or a prospectivo, seller, vendor or landlord and a "Buyer" includes a purchaser, a lonanl, or a prospective, buyer, purchaser or Iononl and a "solo" includes a loose. The hIlIawIng Infannation Is confirmed by the undenlgned ...les.......n/brok.r ,.,._tativsto of the Irokerage(s).1f a Co operatl.1lI1rokerage I. ImoIvecIln the tranoactian, the brok.rages ag... to CO operate, In conoid.ration of, and on the ......s ond conclltlons GO let out below. DECLARAnON Of INSURANCE: Th. undenlgned saleopenon/broker ,.,...s.ntatlve(s) of the lrok-.(s) h......y decla.. that he/.he Is Insured as requl.... by the Real Es_ andlusl..... lroken Act (REllA) and Regulation.. Fonn 320 for use in the Province of Ontario 1. LISTING BROKERAGE The Listing Brokerage represents the interests of the Seller in this transaction. 2. CO-OPERATING BROKERAGE The Co-operating Brokerage represents the interests of the Buyer in this transaction. It is further undenlOOd and agreed that the Listing Brokerage will pay the Co-operating Brokerage III the commission as indicated in the MLS@ infonoation for the property or, ifnot an MLSiR> listing: 0 a commission of........................................................................................,................................................ plus applicable Goods and Services Tax, from the amount paid by the Seller to the Listing Brokerage, on any trade wherein the Co-operating Brokerage has obtained an accepted Agreement of Purchase and Sale, option to Purchase or Agreement to Exchange andlor Lease. Said payment of commission will not make the Co-operating Brokerage either the agent or sub-agent of the Seller or the Listing Brokerage. Additional comments andlor disclosures by Listing Brokerage: Additional comments andlor disclosures by Co-operating Brokerage: [e.g. The Co-operating Brokerage represents more than one Buyer offering on this property.] COMMISSION TRUST AGREEMENT: If the above Co-operating Brokerage is receiving payment of commission from the Listing Brokerage, then the agreement betw.... Li.linB Brokerage and Co-aperating Brokerage further includes a Commissioo Trust AIl'..men~ Ibe consideration for which i. the Co-CJpCRIing Brokerage procuring an otTer for a trade nf the property, lICCeptable 10 Ibe Seller. This Commissinn Trust Agreement .ball be subjeclto and governed by the MLS~ roles and reaulstiana pertaining to commission IruSts oflbe Listing Brokerage'. local real ellate boord, if the local board'. MLSQIl role. and relllllations so provide. Otherwiae, the provi.inns nf the OREA recommended MLSQIl ro1ea and reaulations shall apply to this Commia.inn Trust Agreement. For the purpnae of Ibi. Commission Trost Agreement, the Commission Trust Amount .haIl be the lIIIIOunt noted above. The Limng Brokerage bereby docl..... that all monies received in connectioo with the trade shall coo.tihlte a Commissinn Trust and .hall be held, in 1ruS~ for the Co-opetating Brokerage under the 1lmII. of the applicable MLSQIl rules and relllllations. SIGNED IY THE BROKER/SALESPERSON REPRESENTATIVE(S) Of THE IROKERAGE(S) (Wh... applkable) l~~~~~~~~r~~sc~;i::~.~<:~~g~..................................... .~;~~~7~~l{~~~.~ITC~~~~~~~Ma ~;\~~~:=8~S~~:~~I.. ;;...jj~:~=~~;[=~j~.......... (Prinl Noml 01 Broker/Salesperson RI "VI ollhe Brokarage) jP';i ... .~;,;~.;;i'ti;;;k.;/sai,;~p;;;;C;~.ii~,;.;;;~i;;ii~.~i'ih~'B;~rag.j".................. CONSENT FOR MUl.nPLE REPRESENTAnON (To be completed only if the Iook.rage ...,......ts more then _ client for the tran...ctIon.) ~ ~ Th. Seller/Buyer conunt with their Initials to th.lr Brokerage .........ntlng ma.. than on. client for this ,",nsadlon. ~:!".~'~~7""'';;':..,.,m. Ooo...............................m.... m. Cl2008, OnIo1k> Real E_ Asoociallon l"OllfA1. All righb.......d. ThI.I",m wo. developed by OREA fer Ihe u.. and roprodudion Fonn 320 ~ of M. mombon ond Iicen_ only. Any Dlhor lIIO '" roprodudon I. p""'lbllod oxc:opI wioh prial_ consent of OREA 2~~"~._~:.~:..f"~ 'S INmAU IUTIIl'IINmA15 899014 mEA ~: Agreement of Purchase and Sale Form 100 for use in the Province of Ontario This Agreement of Purchose ond Sale dated this..?~~............................ day of .~.~~~...................................... 20.!.9..... BUYER,. ~.~.~.~~~.9..9.~~~.<? ~~~............ .... iF;;II'legCifiiomes'Ci( CiIl'a;;Yersj...... ................... .......,......... ...., agrees to purchase from SELLER,N~~~\p.~~~~.~f.q~Jj~~~~......, '(F~lf leg.:.I',iames'.;rolf selleis!"'" ... ..,... ........................ .........,...... ........., the following REAL PROPERTY: AddressJ~~.g~~.~g~.~~~.(M~.P'~~~).~.~~.i~L............................................. fronting on the .~<?r.t.l!-....................... side of. 9.~.<?!"B~.~~~!?~~~. P..t:\y.~..... ........ in the .M!-!!!\~.ip.~Ht,y.!?".... .q~.8~!?!!..................................... ........................... ....... and having a frontage of A~..~.f~~L.......................... more or less by 0 depth of .P.q.f.~L..,....................... more or less ond legally described as . ~.<?!!~.~~.~!~~). r.~.~~P~. r.~~.~~~~~.4.~ .r.~ .L.... ...............,............... ......... .....,...... ...... ...... ................ ..... ...... .... "IL.i9ol'd;;iCiij)tiOii '';l'Ia~~ 'f,;crud'i~i:i 'easementi'nQi 'cleiCiibed .efsewhere!"....,...... ...,. .... .,.. ,... .,...... (the .property"l. PURCHASE PRICE: Dollars (CDN$l,n~,Q~..,qQ.... ........ ................ . .9.~~. ~1;1.~~r~~ .~.i.~~~~ .Th<?~.~~..,............,.........,.......".......,...............,...............".....................,....".........",. .Dollars DEPOSIT: Buyer submits . .~.<?~~~.i.~.~~~Jj~.!~ .tJ).~~!~w.~~~1,1~..... ...... ............... ..... ..,."... ....... .,. .,........ .,...... .......... (Herewith/Upon Acceptance/". otherwise described in this Ag,eement) . f~:v:~."D,1.<?!-!~.~~..... ,. ......... .... .......... .,....... .,........ ,.... ..... ..... ....... ... ..,.... ..... .... Dollars (CDN$l.~'.~:~... ....,........ ..,....... by negotiable cheque payable to.~.Y~!t~!::~~~.~~ry.i.<:~~.~~,.\.~~!?~~.~gL.............................................. uDeposit Holderu 10 be held in trust ~i~ completion or other termination of !his ~reement and 10 be credited toward !he Purchase Price on com~. For the purposes of thiS Agreementh uUpon Acceptanceu shall mean that the Buyer is required to deliver the deROsit to the Deposit Holder within 24 hours of t e acceptance of this Aereement. The pqrties to this Agreement herebY acknowledge that, unless otherwise provided for in this Agreement, the DepoSit Holder shall place the deposit in trust in the Deposit Holder's non-interest bearing Real Estate Trust Account and no interest sholl be earned, received or paid on the deposit. Buyer agrees to pay the balance as more particularly set out In Schedule A attached. SCHEDULE(S) A.,.~,S..............................................................attached her~ form(s) pari of this Agreement. 1. IRREVOCABIUTY: ThisJtr shall be irrevocable by ..~.2rI1~~'I'~'''''''' unlil.~.:P.q................ pm an '-Iv (Se e"Buye, the ~..~~~............... ay of ,M~~,L.............,..................... 20.W....., after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without interest. 2. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m, an the .~.~.~~.~~~l;1.I.~.'.'A~....... day of ..........................................., 20..,...... . Upon completion, vacant possession of the property shall be given 10 the Buyer unless otherwise provided for in this Agreement. 3. NOTICES: The Seller hereby_appoints !he Uslil19 Brok~ as agent lor !he Seller for !he RUrpose of giving and receiving notices wsuant 10 this Agreement. Where a BrOkerage (BU}'!lf"s Brokerage) has entered into a ~lation agreement with !he ~, the Bwef hereby aPP9ints !he Buyers Brok~ as ~ lor the ~reose of givi!l} and receivin~ "9tices .I:rsuant 10 !his ~ent. ~ a :..~~ ~ ~ either.T:auyer T'~~,:"the""'" ...1""')01 ~=::rreceim not~ notice relating herelo or prOO:lecIlor herein shall be In writing. In addition 10 any prr::Ec:econtained ~n and in any ~ule hereto, !his alferr af.1Y counler-oller, notice of acceptonce!hereof or any notice 10 be given or received ~nt to this ~reement or any Schedule hereto snail be deemed giYen and received when delivered personally or hand deliwred 10 !he Address for Service P.fCMdecI in the Acknowledgement beloW, or where a facsimile number is provided herein, when lransmined electronically 10 !hat facsimile number. FAX No. .~~~.~.~~~~~~.L........~~:;::;.::f:~:;:;~~IO.l,Qj'"'Q:~~~; :=I~~ m C2010, OomoRoaIe-_rOREA,. Illri1t&.....d.1N."""wolllo..lopodbyOREAr.... afib.........andlcon_ . ,'"., """.Any_..."'~.~_""'prico'_,_lofOR!AOO....-pml ",~"...wdJDMIpooton. Fonn 100 Rev.03/2010 '...lof5 WEBForms'" Mar/2010 899015 4. CHAnELS INCLUDED: 5. FIXTURES EXCLUDED: 6, RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Buyer agrees to assume the rental contract(s), if assumable: '.' ........ ........... ............... ................ ...... ........... ............. ....,...... ........... ,.............. ...".................................................................................................................................................................... 7. GST/HST: If the sole of the property lReol Property. as g3~<;ribed above) is subject to Goods and Services Tax IGST) or Harmonized Sales Tax (HST) then such tax shall be.\~..l!....l.~l.l?~.~l..J..,.....:....,".'.... the Purchase Price. If the sole of (,ne uoea ,nl,n aaa,lIan la) the property is not subject to GST or HST, Seller agrees to certify on or before closing, that the sole of the property is not subject to GST or HST. Any HST on chattels, if opplicable, is not included in the purchase price. 8. TmE SEARCH: Buyer sholl be allowed until 6:00 p.m. on the ............'......,...... doy of...................................., 20......., (Requisition Date) to examine the title to the Property at Buyer's own expense and until the earlier of: (il thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; Iii) five days prior to completion, to satisfy Buyer that there are no outstanding work orders or deficiency notices affecting the Property, and that its present use (.......................................................,...............................................) may be lawfully continued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders and deficiency notices affecting the property, and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably require. . 9. FUTURE USE: Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by Buyer is or will be lawful except os may be specifically provided for in this Agreement. 10. TITLE: Provided that the ti~e to the property is good and free from all registered restrictions, charges, liens, and encumbrances except os otherwise specificalfy!rovided in this Agreement ana save and except for (0) any' registered restrictions or covenants that run with the Ian providing that such ore complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such hove been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) an~ minor easements for the supply of domestic utility or telephone services to the property or adjocent properties; and d) any easements for drainage, storm or sonitary sewers, public utility lines, telephone lines, cable television lines or 0 er services which do not materially affect the use of the property. If within the specified times referred to in paragraph 8 any valid objection to ti~e or to any' outstanding work order or deficiency notice, or to the fact the said present use may not lawfully' be conlinuedbor that the principal building may not be insured against risk of fire is made in writing to Seller and which Seller is una Ie or unwilling to remove, remedy or satisfr. or obtain insurance sove and excert against risk of fire (Ti~e Insurance) in favour of the Buyer and any mortgagee, (With all related costs al the expense 0 the Seller), and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shall be returned without interest or deduction and Seller, Listing Brokerage and CO-Op4!lrating Brokerage shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the ti~e, Buyer shall be conclusively deemed to have accepted Seller's title to the property. 11, CLOSING ARRANGEMENTS: Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the Property and where the transaction will be completed by electronic registration pursuant to Part III of the land Registration Relorm Act, R.S.O. 1990, Chapter LA and the Electronic Registration Act, S,O. 1991, Chapter 44, and any amendments thereto, the Seller and Buyer aCknowled"e and agree that the exchange of closing funds, non-registrable documents and other items lthe "Requisite Deliveries" and the release thereof to tlie Seller and Buyer will (a\ not occur at the same time as the registration of the transfer/ eed land any other documents intended to be registered in connection with the completion of this transactionl and (b) be subject to conditions whereby the lawyer!s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except In accordance with the terms of a document registration agreement between the said lawyers. The Seller and Buyer irrevocably instruct the said lawyers to be bound by the document registration agreement which is recommended from time to time by the Low Society of Upper Canada. Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will occur in the applicable land Titles Office or such other location agreeable to both lawyers. 1 2. DOCUMENTS AND DISCHARGE: Buyer shall not call for the production of any tide deed, abstractl sur~ or other evidence of title to the p'roperty except such as are in the passession or contrOl of Seller. If rl!Kluested I?Y Buyer, Se ler will deliver any sketch or surv~ of ihe property with. in Seller's control to Buyer as soon~s po 'ble and p-rior to llie Requisition Date. If a discliarge of any ChOrge/Mortgage held by a corporation incorporated pu s to. the Trust And Locin Companies Act (Canada), INITIALS OF BUYER(S): INITIALS OF SELLER(S): ~ m 02010. 0nI0ri0 RoaI e.. _ rOllEA1. AI.... _.This form.... doowIopod byOllfA "" 01............ and bn_ ."" aNy.My_.....~.~_.....plb_"""""'oIOIlEA.Do...._pri.."9 ............,...IOolcbd"""'''''''''''. ,....",100 Rev.03/2010 ..... 2 af 5 WEBFonns'" M.,12010 899016 Chartered Bonk, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by' Buy'er on comple~on, is not available in registrable form on completionl Bwer agrees to accept Seller's lawyer's personal unaertoking to obtain, out of the closing Funds, 0 discharge in registrab e fOrm and to register some, or couse same to be registered, on title within 0 reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer 0 mortgage statement prepared by the mortgagee setting out the balance required to obtoin the discha~e, and, where 0 reo~time electronic cleared funds transfer system is not being used, 0 direction executed bv Seller direchng payment to the mortgagee of the amount required to obtoin the discharge out of the balance due on compretion. 13. INSPECTION: Buyer acknowledges having hod the opportunity to inspect the properlY. and understands that upon acceptance of this Offer there sholl be 0 binding agreement of purchase and sole between Buyer and Seller, The Buyer acknowledges having the opportunity ta include a reguirement for a prope~ inspection ~ in this Agreement and a~reel that except as may be specifically provided for In ttiis Apreement, the Buyer will not be obtaining a property Inspection or property inspection report regarding the property. 14. INSURANCE: All buildings on the pro~rty and 011 other things being purchased sholl be and remain until completion at the risk of Seller. Pending completion, Seller sholl hold 011 insurance policiesl if any, and the proceeds thereof In trust for the parties os their interests may appear and in the event of substantial damage, Buyer may either terminate this Agreement and hove 011 monies paid returned without interest or deduction or else take the !>roceeds of any insurance and complete the purchase. No insurance sholl be transferred on completion, If Seller is taking bock 0 Charge/Mortgage, or Buyer is assuming 0 Charge/Mortgage, Buyer sholl supply Seller with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's interest on complehan. 15. PLANNING ACT: This Agreement sholl be effective to create on interest in the property only if Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligen~y at his expense to obtain any necessary consent by completion. 16. DOCUMENT PREPARATION: The Transfer/Deed shall, save lor the Land Transler Tax Affidavit, be !>repared in registrable form at the expense of Seller, and any Charge/Mortga~ to be given bock by the Buyer to Selrer at the expense of the Buyer. If requested by Buyer, Seller covenants that the Transfer/Deed to be delivered on completion sholl contain the statements contemplated by Section 50(22) of the Planning Act, R,S.O.1990, 17. RESIDENCY: Buyer sholl be credited towards the Purchase Price with the amount, if any, necessary for Buyer to PfIY to the Minister of Notional Revenue to satisfy B'!Yer's liability in resQect of tax payable by Seller under the non-resldency provisions of the Income Tax Act by reason of this sale. Buyer sholl not claim such credit if Seller delivers on completion ihe prescribed certificate or 0 statutory declaration that Seller is not then 0 non-resident of Canada. 18. ADJUSTMENTS: Any rents, mortgage interest, realty toxes including local improvement rates and unmetered public or private utility charges and unmeterea cost of fuel, os applicable, sholl be apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Buyer. 19. PROPERTY ASSESSMENT: The Buyer and Seller hereby acknowledge that the Province of Ontorio has implemented current value assessment and properties may be re<Jssessed on on annual basis, The Buyer and Seller agree that no claim will be mode against the Buyer or Seller or any Brokerage or Salesperson, for any changes in property tox os 0 result of o re<Jssessment of the property, save and except any property taxes that accrued prior to the completion 01 this transaction. 20. TIME LIMITS: Time sholl in 011 respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by on agreement in writing signed by Seller ana Buyer or by their respective lawyers who may be specifically authorized in that regard. 21 . TENDER: Any tender of documents or money hereunder may be mode upon Seller or BU)'!lr or their respective lawyers on the day set for completion. Money ma'y be tendered by bank draft or cheque certified by a Chartered Bonk, Trust Company, Province of Ontario Savings OHice, Credit Union or Caisse Populo ire. 22. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Low Act, R.S.O.1990 unless Seller's spouse has executed the consent hereinafter provided. 23. UFFI: Seller represents and warrants to Buyer that during the time Seller has owned the proper!)', Seller has not caused any building on the properlY. to be insulateo with insulation containing ureaformaldehyde, and that to the best of Seller's knowledge no building on the property contains or has ever contained insulation that canto ins ureaformaldehyde. This warranty sholl survive and not merge on the comple~on of this transaction, and if the building is port of 0 multiple unit building, this warranty sholl only apply to that port of the building which is the subject of this transaction. 24. LEGAL, ACCOUNTING AND ENVIRONMENTAL ADVICE: The porties acknowledge that any information provided by the brokerage is not legal, tax or environmental advice. 25. CONSUMER REPORTS: The Buyer is hereby- notified that a consumer report containing credit and/or personal information may be referred ta in connection with this transaction. 26. AGREEMENT IN WRITING: If there is conRid or discrepqncy between any P."ovision added to this AQreement (including any Schedule attoched hereto) and any provision in the stondard pre-set por~on hereof, the added proviSion shall su~ the standard pre-set provision to the extent of such conRid or discreP-.9ncy, This Agreement including any Schedule attached hereto, shall cons~tute the entire Agreement between Buyer and Seller. There is no representation, warranty, collateral agreement or candi~an, which affects this Agreement other than os expressed herein. For the purpc;lses of this Agreement Seller means vendor and Buyer means purchaser. This Agreement sholl be read with 011 changes of gender or number required bY the context. 27. TIME AND DATE: Any reference to a time and date in this Ag~eeme. 5 I mean the time and dole where the property is located. INITIALS OF BUYER(S): INITIALS OF SELLER(S): ~ m C> 2010, 0Dl0 Real E_ ~ r0REA1. AI ritt* --..d. TN, bom _ ~ byOllfA iii... .II,.....an crd '"-- ~ anIy.Any_.....~.poohIb;lod_wl".....__alOIlEA.Oanal...-",..... NpIClCiudng....andml_pa1lan. Form 100 Rov,0312010 ......3 of 5 WEBFonn."'MarI2010 899017 28. SUCCESSORS AND ASSIGNS: The heirs, executors administrators, successors and assigns of the undersigned are bound by the terms herein. . ~~ -~;2;. : D~::::ER=,":=:~ 4~=:,":~:=d! DME~/IQ jauye,j........................................................................ !Q DA~................................... I, the Undersigned Seller, agree to the above Offer. I hereby irrevocably instruct my lawyer to pay direc~y to the listing Brokerage the unpaid balance of the commission together with applicable Goods and Services Tax land any other taxes as may hereafter be applicable), from the proceeds of the sale prior to any payment to the undersigned on completion, as advised by the .. Brokerage to my lawyer. __ ~~:~'"~~~~~~?:~;~~'.~di :~~~o SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act, R.S,O.1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. iWiii.Oiij............................ ....... .......... ........... ........ ..... jspou;el..... ..... .... ............... ......... ...... .... ......... .... ..... .... !Q DA~..... .....: ................. .... ... CONFIRMAnoN OF ACCEPrANCE: Notwithstanding anything contained herein ta the contrary, I conArm this Agreement with all changes both typed and written was Anally accepted by all parties at..~~Eq.......",.JP.in.v'7J...tf.-;,!.'f:....,................day of...........,....r1t!:~.~..........;..............., 20..(R...... .......4~.~..;,~i"................... INFORMAnON ON lROKERAGE(S) Usling 8rokerag...~Y.~.~~~.1.ry,. ~.'?~~.~.'?~.~~:.,..~~!?~~~~.'?................ ..... ................... .................... T.I.Na..~.~::p~:?g~.... ........... .......... .~.9..~~~~.~~..~!!.C.~.~! .~~~!.~~................ .... ........... ................... ....... ........... .... ........... .... ..... ..... ............ ...... .... ......... .... ....... ........................ Cl><lp/8uyer 8rakerag...~.~.9.M..MJ~~~~..~~.~T.Y..~~:I.~~9..~.~9.~............ T.I.Na..[9.~?l!~9.:~~....................... .1.~~3..~.WY..~.. ............. ...... ....... ................... ....... ........ .....f.9.Y.~I~~~ .............................................. ..... ....... ................................... ......... ACKNOWLEDGEMENT '~ _,.Jmy__J.."""",_J 1""""":'.lT'~~"J~'-_J cfj~~"??~"::~~ ~.~...~...:'......m.~~~:::~~~'! Address lor Servic..... ............. ..... .................. ......... ............. ................. ..........................................................T.I.No........................................ Sell.r's Lawyer...................................................................................... Addre................................................................................................ . .................. ..t.rN,;:......................... ..................... 'FAX .No:.................... Addr... lor Servic....... ..... ...... ...... ..... .......... ... ...................................... ........................................................T.I.No.......................................... 8uyer's Lawyer...................................................................................... Addr................................................................................................. . ................... .t.[NO.:......................... ..................... .FAX.NO':.................... FOR OFFICE USE ONLY COMMISIION TRUST AGUlMlNT To: Cooperating &rok.rag. ohown on th.loregolng Ag......nl 01 Purcho.. ond Sole: MlNCOM MILLENNIUM REALTY INC., BROKERAGE In cOI'tlideratlon for Ihe CO-operotins BrokeroSl! pt'ocurlng the foregoing Agreement of Purchase and Sole, I herel:ri decla,. thai all mooeya received or receivable by me in connection wilh the Transoction a. contem~ated In the MlSII Rule. ond R~u1atjons Of my Real E,la.. Board ,hall be receivable and hekI in trull. Thl. og,..-,..nl shall constitute a Commission Trull AgretlrMnt o. defined i M1.S&8 Rule. and ...011 be lubject 10 and 1I000000ned bY the MLsca RuI.. pertaining to Commiuion Trull. DATED . 0I1he ond Nme ollhe occeponce 0I1he foregoing Agreement 01 Purcho.. ond Sole. lB 02010. o..n. RooI e.. -.", row.,. AI.......d. na lam.... do.olapod I., ow. ""...... ond",,- 01.......... ond I-. .."" .ny...,,_.........-.pooh6>Iod_....p;o.__oIOREAOO....._pri<'Ong..~..._'""""prion. F_l00 Rev.D3/2010 .....4 of 5 WEBFonns'" Merl2010 899018 ~I:A ~ ~ As5OC~ Schedule .A Agreement of Purchase and Sale Fonn 100 for uae in !he Pnmnce of Ontario This Schedule is ottached to and forms part of the Agreement of Purchase and Sole between: BUYER,. .1. ?J~~~Q, .9.~~,C? ~~~'.....,..,.................,................,..............,....,."..........,.......,........,.,..............,............, and SELLER,.M~.~!p'~.i.ty.~f.g.l.~~l?'?-.......... ........... .... ...,... ... ....... .... ... ... ..,... ..... ,........ ..,... ..... .... ......, ..,......... ...., .,...... ..,. for the purchase and sale of ),?~.9.~.C?r,g~.~~JR.~!~~'p'~y.<:I.g!?!H1!~<:................................................................................ .9~~g!~I}........................................ dated the }~~.................................. day of .M~):?........................, 20),9..... . Buyer agrees to pay the balance os follows: The Buyer agrees to pay the balance of the purchase price, subject to adjustments, by bank draft or certified cheque, to the Seller on the completion of this transaction. The Buyer agrees to submit a deposit ofFNE THOUSAND DOLLARS ($5,000.00), to Ryan Realty Services Ltd., Brokerage, by negotiable cheque, at the time of notification of fulfilment or removal of the condition pertaining to Council Approval, to be held in trust pending completion or other tennination of this Agreement. This amount is to be credited towards the purchase price on completion of this transaction. The Buyer and Seller acknowledge that the lots are fully serviced with water, hydro and gas and that building permits are available. The Seller agrees to provide the buyer with any surveys, engineering reports and environmental studies on the said property upon acceptance of this agreement. tI 'The Seller agrees tQ pw"ide reasenabk ldmbtlf3el'!leBt far ac1\'8Fne sail &8RditiaRs if llBee\tfltefee. ~,f> The S..ll", lIud Buy", "...l.uu~k.llge aRd igr"'P thAt titlp In thw 19t8 Hla) be d;t"",t,d 6" ...!u"iujS III ti.., Bu"c"~ uptlon. ~,vfl The Seller and Buyer acknowledge that the closing date, at the Buyer's option, will not be earlier than May 1,2010 and 00'_ than o"",mb<, 22, '.lOot ~ I' u..~a ;:t ~~.,.' Wq I ^ ~r.'" ":J pr'"' This form must be initialed by all parties to the Agreement of ~urCh. . d Sole.. INITIALS OF BUYER(S):. INmALS OF SEWR(S): ~ m Cl2010.0.a;0RoolE_~rORfA'. N.righII....-..d.lhi.Ic<.....do.oIap.!byOlEAIor... . ~oI..........and_ ~. orly.Any...........~.pohibilod_.....prioo_......dOREA.OO........_pfnli"ll...~"Il..._~po<tian. 'orm 100 Rov,03/2010 Pall" S of S WEBForms"'M.'12010 899019 5cbedule 2- Agreement of Purchase and Sale Form 105 lot ... I. tho I'nMn<It rJ OnIatio ~I!A ~~ ~ Associalion This Schedule is attached to and forms port of the Agreement of Purchase and Sale between: BUYER,.. ..... ..,; ..... ;......... .......,.~qJ;;l5::).... .QN:T:":n.B:.i.O..../N.Q.......,.. ..... ..,........,.,. ,... " ... and , .. ......, SELLER,..M~.i~!p.~)~~.~t9~n&~~.,. ............ .,..".... ....... .... ....,...... ............ ...'....,..,... ....;......,............. ,.. .... ................ for the property known a$......I.9.4:....CEoB4.~....BE:':.J..^IO'.f:.:.:..J>.S..,.!:>..R.~...~?1fE.,;.".. ...................,........................:............ dated the ...............~.~........... day of.t1ftB..t;;t/..........mJ~..... . . b~ ~~Ot'7,aotD ~11J1. This offer is conditional upon Municipal council approval 'NoidliR \Il~ e&lllfuier lilt) s of "~I'hul""" "C d.l.. uffer failing which this offer isnull and void and the buyers deposit is returned in full without interest or deduction, This condition is included for the benefit of the seller and may be waived at their sole option. The buyer agrees lO: adbere lOibe the lot grading plan as provided by the seller at a later date. pay for a $350 street boulevard tree lO the Municipality \ pay $500 for a road damage deposit to the Municipality .. . . pay a base price of $200 fora curb cut to the Municipality and the buyer is aware there may be additional pay GST (priorlO June 30, 2010) or HST (after July 1.2010) in additi~. ""I l'cl:IIII'; lU th~ pUl..l.HefJFi;c.. The buyer is aware that at time of building permit additional !evies Ire ~ be paid including: regional $18,521 . municipal $13.785 educatioilal public $ 835 seplU'llte $ 364 The buyer is aware that these are 2010 levies and subject to review June 3Q. 2010. The buyer is responsible lO verify and satisfy themselves as lO all costs and levies for this lot. . The buyer is aware that this a former site of a Fire Hall and'that a Phase I and Phase 2 Environmental Site Assessment has been done and agrees to purchase the lot as is. The buyers enters onto these properties at their own risk and liability. The buyer is aware that the lots at 182 George Reynolds Drive require fencing on the west side and 194 George Reynolds Drive require fencing on the east and north sides. All fencing is subject to Municipal approval. This form must be initialed by all porties to the Agreement of. Pw:ch INITIALS .9F IUYER(S)t IB C2008.OnIorio.oal~__I.OREA', AIlrigllb~..Thi"bm~- ". ..., 01 iI> ......bon OIId ~ only. Ivoy olh... ... or ftIP.'llducIlon i. prohlbl,..i ~ -';1, INmALS OF SEWR(S): @ . ........"'!ond~ . ...._ rJ OREA. ._ 10S 2008 ..... 1 of 1 WEllFomIs" Nov/2007 899020 . ! . & ,I. i: J . 8 'Ill ~ "', ~. .... o ~ tv' It 9::.HGl;:;A.I..LE"c... " ~ ,"Clt.Et'.a~ M - -,.~ r" o , _ 9 lWd" " ..cit.Et'.I~ M Wit t'lWd-- ..> ..~t , . .- :~'.. ~.,ar.t' M - s: iWd " ..os:,tt.I~ M ~'a" , ~ lWd " "Clt.tt.8~ M ~ lWd z ~ .,~ '1-....;.." p . .p.6/ '; ~~, ~ , I I ~ " W ~ \~ \Z \ \ \ \ \ \ \ \ \ \ ~~~ \ ~ i \ ~~ \ ~~ 8 \ ~ ~ \ ~ f \ \ \ ) 0'\ / 11/ ~ . .. --- ... . 1 - ~i \ . o (oi( ~ 'a. ~ p I ..~"~ 899021 Attachment 4 To Report PSD-054-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a by-law to ratify and confirm a realty services agreement between Ryan Realty Services Ltd. and the Municipality of Clarington and to authorize the payment of commission to Ryan Realty Services Ltd. provided in the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3, 4 and 5 on Plan 40R- 25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOllOWS: 1. THAT the realty services agreement between the Municipality of Clarington and Ryan Realty Services Ltd., referred to in Report PSD-054-10, is ratified and confirmed; and 2. THAT the payment of commission' to Ryan Realty Services Ltd. provided in the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3,4 and 5 on Plan 40R-25845, Part lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice, be authorized. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 899022 Attachment 5 To Report PSD-054-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a by-law to ratify and confirm the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Part 2, 3, 4 and 5 on Plan 40R-25845, Part lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOllOWS: 1. THAT the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3,4 and 5 on Plan 40R-25845, Part lot 30, Concession 3, former Township of Darlington, 182, 186, 190, and 194 George Reynolds Drive, Courtice in accordance with the recommendations contained in Report PDS-054-10, is ratified and confirmed. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 899023 Attachment 6 To Report PSD-054-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a by-law to authorize the sale and transfer to 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3, 4 and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. THAT the lands more particularly described as Part 2,3,4 and 5 on Plan 40R- 25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice be sold and transferred to 1529250 Ontario Inc. pursuant to the Agreements of Purchase and Sale contained in Report PDS-054-10. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 899024 CJMJuglon REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday April 19, 2010 Resolution#: By-laW#: Report#: EGD-011-10 File#: Subject: EXECUTION OF AGREEMENT WITH THE REGION OF DURHAM HEALTH DEPARTMENT TO DELEGATE RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT IN RESPECT TO SEWAGE SYSTEMS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-O 11-10 be received; 2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the agreement with the Regional Municipality of Durham attached to Report EGD-011-10, as Attachment #1, for the administration of the Building Code Act and the Ontario Building Code, as it relates to the enforcement of small capacity sewage systems; and 3. THAT the by-law attached to Report EGD-011-10, as Attachment #4, be forwarded to Council; and 4. THAT a copy of Report EGD-011-10, Council's resolution and the by-law be forwarded to the Regional Municipality of Durham. <' Submitted by: f2/~ 1~ , Reviewed by: . Cannella, C.E.T. Director of Engineering 6~~6stu Franklin Wu, Chief Administrative Officer ASC/RP/bb/jb March 19, 2010 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 901 REPORT NO.: EGD-011-10 PAGE 2 1.0 BACKGROUND 1.1 On April 16, 2007, the Municipality of Clarington entered into an agreement with the Region of Durham Health Departmenffor the purpose of delegating to the Region the responsibility for the administration and enforcement of small capacity sewage systems (up to 10,000 litres per day) in the Municipality of Clarington. This agreement was valid for a period of 3 years and expired on March 31, 2010. 1.2 During the past three years our arrangement with the Region of Durham has worked well for the Municipality and it is for this reason that staff would like to continue to delegate the responsibility of administration and enforcement with respect to small sewage systems, to the Region of Durham for an additional period of three (3) years. 2.0 REVIEW AND COMMENT 2.1 The Durham Region Health Department has drafted an agreement (Attachment #1) which will allow them to continue the enforcement of small sewer systems. The agreement covers a period of three (3) years commencing April 1, 2010 and , ending March 31,2013. It should be noted that any party may terminate the agreement for any reason upon giving 180 days prior written notice to the other party. The agreement also allows the Region to prescribe fees for sewage system applications and other services that reflect the actual costs of administering the program. 2.2 The Region of Durham has increased the user fees for septic approval and attached is a copy of Schedule "A" with the 2007 user fees (Attachment #2) and Schedule "A" with the 2010 user fees (Attachment #3), for comparison. These fees are determined on a cost recovery basis and have not been increased since 2007. 902 REPORT NO.: EGD-011-10 PAGE 3 2.3 Staff have reviewed the agreement as attached and based on our experience with the previous agreement we are confident that it represents the interests of the Municipality of Clarington. 2.4 The attached by-law (Attachment #4) is necessary to confirm Council's decision to extend the transfer of authority for small capacity sewage systems to the Regional Municipality of Durham for an additional three (3) year period. Attachments: Attachment 1 - 2010 Sewage System Management Agreement Attachment 2 - Schedule "A" of 2007 Sewage System Management Agreement Attachment 3 - Schedule "A" of 2010 Sewage System Management Agreement Attachment 4 - Proposed by-law 903 - 1 - ATTACHMENT NO.:1 REPORT NO,: EGD.011-10 SEWAGE SYSTEM MANAGEMENT AGREEMENT THIS AGREEMENT dated as of the 1 st day of April, 2010 BET WEE N: THE REGIONAL MUNICIPALITY OF DURHAM - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") WHEREAS the Region and the Municipality entered into an agreement, dated April 1 , 2007 (expiring March 31, 2010), for the purpose of delegating to the Region the enforcement of certain responsibilities under the Building Code Act, 1992, S.O. 1992, c. 23, as amended (the "Act") and Building Code made thereunder relating to Sewage Systems, pursuant to subsection 6.2(1) of the Act; AND WHEREAS the parties are desirous of executing a renewal agreement for a further three (3) year term; NOW THEREFORE, in consideration of the mutual covenants herein contained, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: ARTICLE ONE APPLICATION Section 1.01 - Application This Agreement shall be applicable to all lands where no municipal sewers are available in the Municipality (the "Lands"). Section 1.02 - Duties The Health Department shall faithfully carry out its duties hereunder in accordance with the Act and the Building Code in force from time to time, this Agreement and any other legislation contemplated hereunder. ARTICLE TWO DEFINITIONS Section 2.01 - Definitions In this Agreement, (i) "Sewage System" means any works for the collection, transmission, treatment and disposal of sewage or any part of such works to which the Act applies with a design capacity of 10,000 litres per day or less; (ii) "Inspector" means an inspector appointed under subsection 6.2(3) of the Act; (iii) "Building Code" means Regulation 350106 made under the Act. ARTICLE THREE SERVICES OF THE HEALTH DEPARTMENT Section 3.01 - Services The Health Department shall provide the following services in relation to the Lands: (i) Carry out an inspection of any land which is planned to be divided by severance, where no municipal sewage services are proposed, to ensure that each lot will be suitable for the installation of a Sewage System, including compliance with the Region of Durham's "Drilled Well and Lot Sizing Policy"; (ii) Inspect properties prior to the issuance of a permit under the Act or Building Code for 904 - 2 - .the construction, installation, establishment, enlargement, extension, repair or alteration of a Sewage System; (iii) Issue permits under the Act and Building Code relating to Sewage Systems; (iv) Following the issuance of a permit under the Act or Building Code, inspect and re- inspect, when necessary, Sewage System installations to ascertain compliance with thEI permit and other requirements under the Act or Building Code; (v) Carry out land inspections to determine the acceptability of applications for minor variances or lot line adjustments as they relate to existing and proposed Sewage Systems and review official plans and zoning by-laws and amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems; (vi) Receive and process permit applications, inspection notices within the timeframes established in Section C of the Building Code and requests related to activities listed in paragraphs (i) through (v) of this section; (vii) Provide reports and comments on minor variances and severances directly to the appropriate planning authority; (viii) Review planning documents including but not limited to the Region of Durham's "Drilled Well and Lot Sizing Policy", subdivision proposals, draft official plans and proposed amendments to ensure compliance with provisions of the Act and Building Code relatin!~ to Sewage Systems; (ix) Attend meetings of Municipal Council and their committees to discuss matters relating to any provisions of the Act or Building Code relating to Sewage Systems; (x) As an agent for the Municipality, maintain adequate records of all documents and other materials used in performing the duties required under this Agreement. Such records te' be maintained in accordance with the Region of Durham's Record Retention Policy as contained in the Region of Durham's by-laws; (xi) Upon reasonable notice by the Municipality, provide reasonable access to the Municipality of all records kept under subsection 3.01(x) above; (xii) Consult with various groups regarding compliance with provisions of the Act and the Building Code relating to Sewage Systems; (xiii) Respond to inquiries made by any person under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M56. as amended, or through any other legal channel; (xiv) Investigate complaints and malfunctioning Sewage Systems, undertake compliance counselling and preparation of reports for abatement action as it relates to existing and proposed Sewage Systems; (xv) Issue orders under the Act relating to Sewage Systems; (xvi) Prepare documentation necessary for prosecution activities relating to Sewage Systems under the Act and the Building Code. Administer proceedings relating to Sewage Systems pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33. (xvii) Provide all forms necessary for the administration of this Agreement; (xviii) Provide any other matters related to the administration or enforcement of the Act or Building Code relating to Sewage Systems. (xix) Attendance at hearings of the Ontario Municipal Board, and other tribunals, as required. Section 3.02 - Maintenance Insoections Not Included Nothing in this contract provides for the provision by the Health Department of any services related to maintenance inspections, re-inspections or other related services which may be required under any discretionary or mandatory re-inspection program which may be undertaken by the Municipality. In the event that such is desired or required by the Municipality during the term of this Agreement a separate Agreement will be required to provide for those services. 905 - 3 - ARTICLE FOUR FEES Section 4.01 - Collection of Fees The Regional Council agrees to pass an amending by-law requiring the payment of fees on applications for and issuance of permits and other services as set out in Schedule "A". The fees will be collected by the Health Department at the time of the application. In the alternative, the Municipality shall collect the fees on behalf of the Region and remit the fees collected to the Region together with the completed application to which the fees apply. Section 4.02 - Collection of Fee Schedule The Regional Council shall have the sole discretion, acting reasonably, to further amend the fees as set out in Schedule A from time to time. Section 4.03 - Surplus Proceeds If the revenues collected exceed the expenditures for the services provided under this Agreement, the surplus shall be remitted to the general revenues of the Region of Durham. ARTICLE FIVE INSPECTORS Section 5.01 - Qualifications of Inspectors The Municipality agrees that only Health Department personnel meeting the following qualifications shall be employed as an Inspector for the purposes of this Agreement: (a) a person qualified to be employed as a full time certified Public Health Inspector (CPHI(C)); and (b) a person qualified as a sewage systems inspector prescribed by the Ontario Building Code. Section 5.02 - Appointment of Inspectors The Regional Council shall be responsible for the appointment of all Inspectors for the purposes of this Agreement pursuant to subsection 6.2(3) of the Act. The Regional Clerk shall issue a certificate of appointment bearing the signature, or reasonable facsimile, of each inspector appointed by the Regional Council. ARTICLE SIX INDEMNIFICATION AND INSURANCE Section 6.01 - Indemnification The Region shall indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by or attributable to the activities of the Health Department in executing the work under this Agreement, provided such claims are caused by errors, negligent acts or omissions of the Health Department employees appointed pursuant to this Agreement (including authorized agents and contractors for whom the Region is in law responsible), and expressly excluding any claims, demands, losses, costs, damages, actions, suits or proceedings attributable, in whole or in part, to the errors, negligent acts or omissions of the Municipality (including authorized agents and contractors for whom the Municipality is in law responsible). Section 6.02 - Insurance For the term of this Agreement, the Region will, at its expense, maintain liability insurance contracts of the nature, in the amounts and containing the terms and conditions, if any, set out in Schedule B. 906 - 4- ARTICLE SEVEN TERM AND TERMINATION Section 7.01 - Term This Agreement shall continue in force for a period of three years commencing April 1, 2010 and ending March 31, 2013. Section 7.02 - Termination The Municipality may terminate this Agreement on 180 days written notice if the Health Department does not: (a) adhere to the provisions of the Act and Regulations; or (b) exercise any discretionary powers of an approval authority, acting reasonably, in the public interest; and the Health Department has not taken steps satisfactory to the Municipality within the 180-day period to remedy the matter complained of in the written notice. Section 7.03 - General Termination Either party may terminate this Agreement with not less than 180 days notice. Section 7.04 - Records on Termination In the event of the termination of this Agreement or where a Municipality does not renew or enter into a subsequent Agreement for the provision of the services, the Health Department shall provide to the Municipality all records kept under subsection 3.01 (x). ARTICLE EIGHT MISCELLANEOUS Section 8.01 - Preamble The preamble hereto shall be deemed to form an integral part hereof. Section 8.02 - Gender Whenever the singular form is used in this Agreement and when required by the context, the same shall include the plural, the plural shall include the singular and the masculine gender shall include the feminine and neuter genders. Section 8.03 - Amendments This Agreement shall not be changed, modified, terminated or discharged in whole or in part except by instrument in writing signed by the parties hereto, or their respective successors or permitted assigns, or otherwise as provided herein. Section 8.04 - Assianment This Agreement shall not be assignable by either party hereto without the consent of the other party being first obtained. Section 8.05 - Notices Any notice, report or other communication required or permitted to be given hereunder shall be in writing unless some other method of giving such notice, report or other communication is expressly accepted by the party to whom it is given and shall be given by being delivered or mailed to the following addresses of the parties respectively: (a) To the Health Department: The Regional Municipality of Durham Health Department 605 Rossland Rd. E Whitby, Ontario L1 N 6A3 907 - 5 - Attention: Medical Officer of Health (b) To the Municipality: The Municipality of Clarington 40 Temperance St. Bowmanville, ON L 1C 3A6 Attention: Patti Barrie, Clerk Any notice, report or other written communication, if delivered, shall be deemed to have been given or made on the date on which it was delivered to any employee of such party, or if mailed, postage prepaid, shall be deemed to have been given or made on the third business day following the date on which it was mailed (unless at the time of mailing or within forty-eight hours thereof there shall be a strike, interruption or lock-out in the Canadian postal service, in which case service shall be by way of delivery only). Either party may at any time give notice in writing to the other party of the change of its address for the purpose of this section 8.05. Section 8.06 - Headinas The se.ction headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction or effect of this Agreement. Section 8.07 - Bindina Effect and Enurement This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective heirs, executors, administrators and successors (including successors brought about by municipal reorganization or restructuring), and to the extent permitted hereunder, their permitted assigns. Section 8.08 - Waiver No party will be deemed to have waived the exercise of any right that it holds under this Agreement unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise of any other instance will be deemed to be a waiver with respect to any other instance involving the exercise of the right of with respect to any other such right. Section 8.09 - Governina Law The provisions of this Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario as at the time in effect. IN WITNESS WHEREOF the parties have executed this Agreement. THE REGIONAL MUNICIPALITY OF DURHAM Per: Roger Anderson, Regional Chair Per: P.M. Madill, Regional Clerk MUNICIPALITY Per: Jim Abernethy, Mayor Per: Patti Barrie, Clerk 908 SCHEDULE "A" USER FEES SCHEDULE: ACTIVITIES 2010 USER FEES c, OBC ACTIVITIES Sinale Familv Dwellina - $ 800.00 Building Permit for a Private Sewage System Non-Residential/Institution - $ 800.00 (previously known as Certificate of Approval under EPA) Larae (Commercial/Industrial) - >4,500 -10,000 Uday - $1,700.00 Building Permit for septic tank - $400.00 replacement only Building Additions - $300.00 (site assessment) - $125.00 (office assessment) Bldg. Permit for sewage system - $ 150.00 (per application) Extensions (1 year) REGION ACTIVITIES Mortgage / Property Assessments - $ 400.00 (per application) Lot Consents - $ 225.00 (per lot) Draft Plans of Subdivision (new) - $ 325.00 (per lot creation) Draft Plans of Subdivision that had not received draft approval & - $ 325.00 (per lot creation) application processed prior to 1998 requiring reassessment Draft Plans of Subdivision that had - $ 225.00 (per lot creation) received draft plan approval & (note: subdivision assessment involves gee-technical & application processed prior to 1998 hydro-geological reviews) requiring reassessment Rezonings, Official Plan - $ 225.00 (per application) Amendments, Minor Variances, Site- servicing Plans Cemetery Assessments - $10.00 (perp/ot) Lawyers' Letters - $ 225.00 (per application) Peer Review - $ 225.00 (per application) 909 SCHEDULE "B" The Region shall maintain in full force and effect during the term of this Agreement a policy of comprehensive general liability insurance providing coverage for a limit of not less than two million ($2,000,000.00) dollars for each occurrence of a claim of liability against the Region, its officers or employees under this Agreement. 910 SCHEDULE "A" ATTACHMENT NO.:2 REPORT NO.: EGD-011-10 USER FEES SCHEDULE: ACTIVITIES 2007 USER FEES OBC ACTIVITIES Sinale Family Dwellino - $ 700.00 Building Permit for a Private Sewage System Non-Residential/Institution - $ 700.00 (previously known as Certificate of Approval under EPA) Laroe (Commercial/Industria/) - >4,500 - 10,000 Uday - $1,600.00 Building Permit for septic tank - $350.00 replacement only Building Additions - $250.00 (site assessment) - $75.00 (office assessment) Bldg. Permit for sewage system - $ 50.00 (per application) Extensions (1 year) REGION ACTIVITIES Mortgage / Property Assessments - $ 350.00 (per application) Lot Consents - $ 200.00 (per lot) Draft Plans of Subdivision (new) - $ 300.00 (per lot creation) Draft Plans of Subdivision that had not received draft approval & - $ 300.00 (per lot creation) application processed prior to 1998 requiring reassessment Draft Plans of Subdivision that had - $ 200.00 (per lot creation) received draft plan approval & (note: subdivision assessment involves geo-technical & application processed prior to 1998 hydro-geological reviews) requiring reassessment Rezonings, Official Plan - $ 200.00 (per application) Amendments, Minor Variances, Site-. servicing Plans Cemetery Assessments - $10.00 (per plot) Lawyers'Letters - $ 200.00 (per application) Peer Review - $ 200.00 (per application) 911 ATTACHMENT NO.:3 REPORT NO.: EGD.011.10 SCHEDULE "An USER FEES SCHEDULE: ACTIVITIes. . 2010 USER FEES OBC ACTIVITIES Sinale Family Dwellina - $ 800.00 Building Permit for a Private Sewage System Non"Residential I Institution . $ 800.00 (previously known as Certificate of Approval under EPA) Larae (Commercial/Industria/) . >4,500.10,000 Uday - $1,700.00 Building Permit for septic tank . $400.00 replacement only Building Additions . $300.00 (site assessment) . $125.00 (office assessment) Bldg. Permit for sewage system . $ 150.00 (per application) Extensions (1 year) REGION ACTIVITIES Mortgage I Property Assessments - $ 400.00 (/Jer a/J/Jlication) Lot Consents . $ 225.00 (per lot) Draft Plans of Subdivision (new) . $ 325.00 (per lot creation) Draft Plans of Subdivision that had not received draft approval & . $ 325.00 (per lot creation) application processed prior to 1998 requiring reassessment Draft Plans of Subdivision that had - $ 225.00 (per lot creation) received draft plan approval & (note: subdivision assessment involves gee-technical & application processed prior to 1998 hydro-geological reviews) requiring reassessment Rezonings, Official Plan - $ 225.00 (per application) Amendments, Minor Variances, Site- servicing Plans Cemetery Assessments . $ 10.00 (per plot) Lawyers' Letters - $ 225,00 (per application) Peer Review - $ 225.00 (per application) 912 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to continue delegating the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect of sewage systems. 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, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation seal, an agreement between the Regional Municipality of Durham and the Corporation of the Municipality of Clarington. 2. THAT this agreement attached hereto as "Schedule An form part of this By-law. BY-LAW read a first and second time this day of day of 2010. BY-LAW read a third time and finally passed this 2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT NO.:4 REPORT NO.: EGD-011-10 913 ~n REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 19,2010 Resolution #: Report #: EGD-014-10 File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MARCH, 2010, Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-014-10 be received for information. .~ Submitted by:!J{:t1 / A. . Cannella, C.E.T. Director of Engineering Services ReVieWedbY:O~ ~ Franklin Wu Chief Administrative Officer ASC*RP*bb April 09, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824 914 REPORT NO.: EGD-014-10 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of MARCH 2010, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF MARCH 2010 2009 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2010-2009 Residential 74 $15,494,482 37 $3,418,355 353.3% Industrial 0 $0 0 $0 N/A Government 0 $0 0 $0 N/A Commercial 7 $1,867,900 5 $511,477 265.2% Institutional 0 $0 0 $0 N/A Agricultural 3 $41,600 1 $174,870 -76.2% Demolition 6 $0 0 $0 N/A TOTAL 90 $17,403,982 43 $4,104,702 324.0% YEAR TO DATE 2010 2009 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2010-2009 Residential 171 $34,605,915 70 $9,837,438 251.8% Industrial 0 $0 1 $120,000 N/A Government 0 . $0 0 $0 N/A Commercial 14 $3,032,300 9 $1,233,924 145.7% Institutional 5 $9,104,400 3 $13,737,560 -33.7% Agricultural 6 $343,100 3 $326,350 5.1% Demolition 9 $0 6 $0 N/A TOTAL 205 $47,085,715 92 $25,255,272 86.4% 915 REPORT NO.: EGD-014-10 PAGE 3 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: Owner I Applicant Construction Type Location Value PRESTONVALE HEIGHTS Retail Plaza 15 ROSSWELL DRIVE, COURTICE $1,056,600 LIMITED PRESTONVALE HEIGHTS Apartments (Above Plaza) 15 ROSSWELL DRIVE, COURTICE $1,530,802 LIMITED PARTICIPATION HOUSE Alterations -Interior & 114 CONCESSION EAST STREET, $600,000 (DURHAM REGION) Exterior BOWMANVILLE 916 REPORT NO.: EGD-014-10 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "MARCH" and "YEAR TO DA TE". Dwelling Unit Type "MARCH" 2010 12 Apartment 11% 0- Townhouse 0% 33 Single Oetached 60% 10 Semi- Detached 18% II Single Detached 33 . Semi-Detached 10 ~ Townhouse 0 III Apartment 12 17 Semi- Detached 11% Dwelling Unit Type "YEAR TO DA TE 2010" 17 Apartment 14% 88 Single Detached 70% tlf Single Detached 88 . Semi-Detached 14 M Townhouse 6 II Apartment 17 The following is a historical comparison of the building permits issued for the month of "MARCH" and "YEAR TO DATE" for a three year period. Historical Data for Month of "Marchlf 520,000,000 518,000,000 516,000,000 514,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 Historical Data"YEAR TO DATE" $50,000,000 $45,000,000 $40,000,000 $35,000,000 S30,OOO,OOO S25,000,000 S20,OOO,000 515,000,000 $10,000,000 $5,000,000 SO 2010 2009 2008 $47,085,715 $25,255,272 $23,169,193 917 REPORT NO.: EGD-014-10 PAGE 5 PERMIT REVENUES 2010 2009 March Year to Date March Year to Date I PERMIT FEES $ 120,427 $ 350,088 $ 31,263 $ 170,350 INSPECTION SERVICES. 2010 2009 March Year to Date March Year to Date Building Inspections 402 1,009 435 1,142 Plumbing & Heating Inspections 471 1,238 525 1,451 Pool Enclosure Inspections 1 1 0 4 TOTAL 874 2,248 960 2,597 NUMBER OF NEW RESIDENTIAL UNITS 2010 2009 March Year to Date March Year to Date Single Detached 33 88 10 24 Semi-Detached 10 14 0 4 Townhouse 0 6 0 0 Apartments 12 17 1 1 TOTAL 55 125 11 29 918 REPORT NO.: EGD-014-10 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2010 (to end of 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 AREA March) Bowmanville 47 98 340 451 609 307 587 468 345 312 188 Courtice 68 112 134 82 126 241 173 180 133 129 231 Newcastle 5 24 60 77 84 202 191 123 131 76 110 Wilmot Creek 2 9 30 16 15 15 25 29 38 24 19 Orono 0 0 2 1 1 1 2 0 1 0 0 Darlington 2 6 10 6 7 14 15 13 17 47 102 Clarke 0 11 5 11 12 13 10 16 15 9 17 Burketon 1 0 0 0 0 1 1 1 1 0 1 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 0 2 0 0 1 1 1 0 2 5 7 Hampton 0 0 0 1 1 0 0 3 1 1 1 Haydon 0 0 0 0 0 0 0 0 0 0 0 Kendal 0 1 0 1 0 0 1 0 3 2 0 Kirby 0 0 0 0 0 0 0 0 0 0 0 Leskard 0 0 0 0 0 0 0 0 1 0 0 Maple Grove 0 0 0 0 0 0 0 1 0 0 0 Mitchell Corners 0 0 0 1 0 0 1 0 0 0 0 Newtonville 0 5 7 2 2 4 5 3 3 0 3 Solina 0 5 0 6 3 3 3 3 1 1 0 Tyrone 0 0 5 0 0 0 0 3 9 3 0 TOTALS 125 273 593 655 861 802 1,015 843 701 609 679 919 CWJl1gtnn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday April 19, 2010 Report #: EGD-015-10 File#_ By-law # N/A Subject: JANE STREET ROAD RECONSTRUCTION & FLETT STREET PAVEMENT REHABILITATION - PUBLIC INFORMATION CENTRE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-015-10 be received; 2. THAT Staff proceed to finalize the detail design and tender based on the information received at the Public Information Centre to meet the summer 2010 construction start schedule; and 3. THAT all those who attended the Public Information Centre and who have contacted the Municipality as interested parties be informed of this report. Respectfully by, ~~ / "; "1/ /~ ------ Submitted by: A. S. Cannella, C.E.T. Director of Engineering Services () ~ 0Sk Reviewed by: Franklin Wu Chief Administrative Officer ASCIRAljo/dv April 13, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 920 REPORT NO.: EGD-015-10 PAGE 2 1.0 BACKGROUND Jane Street and Flett Street are classified as Local Roads in the Clarington Official Plan. The respective sections of roadway that were part of the Information Centre are shown in Attachment 1. This area of Clarington has been the subject of various drainage concerns by residents in the area and a Regional priority with respect to deficiency improvements of their infrastructure. Initially in 2006/2007 the Municipality of Clarington identified the Jane Street work as a sidewalk improvement project to address concerns over poor drainage, icing and maintenance issues related to the sidewalk. After review of the problem it was determined that the project needed to expand to provide an improved storm system to address the drainage issues. In consulting with the Region of Durham at the same time they noted that the Region also had needs on the street that required correction. Therefore it was determined that Durham and Clarington could leverage this opportunity to work together on this project to share costs and completely reconstruct the street to address both of their infrastructure needs while providing Clarington with a fully urbanized road with concrete curb and gutter, storm issues, improved sidewalks and new road structure. For the preceding reasons the reconstruction of Jane Street has been approved in the 2010 Capital Budget. When identifying their needs on Jane Street the Region of Durham also identified additional sanitary sewers deficiencies on Flett Street. As Clarington had no major issues on the street it was planned to undertake a simple pavement rehabilitation, in conjunction with the Region's work entailing removing and replacing the asphalt and no additional improvements assuming the underlying road base was adequate. This work was planned to be part of the Pavement Rehabilitation item in the 2010 Capital Budget. 2.0 APPROACH A Public Information Centre was held to present the project proposal, to assess suitable construction measures of the project and obtain local resident input into the 921 REPORT NO.: EGD-015-10 PAGE 3 design process. The public was notified of the meeting by newspaper advertisement, the Municipality's information board and website, and through circulation notices to those who are directly affected by the proposed works. 3.0 INFORMATION CENTRE A Public Information Centre (PIC) was held on March 4, 2010 in Meeting Room 1A at the Municipal Administrative Centre. At the meeting the following documentation and plans were presented for discussion: · Existing road condition base plans, showing proposed road works with aerial photography as a background for the works; · A typical road section for the urban design; · Photographs of existing pavement structure and residential entrances; · The full set of preliminary engineering drawings; · The tree inventory and assessment report; · A photo visualization of the proposed improvements. The meeting was well attended with approximately 17 residents in the area that appeared at the PIC and provided input. The register and comment sheets are on file within the Engineering Services Department and available for review. The design proposal presented was generally well received. The main issues are listed below in bold accompanied by italicized commentary by our department providing further explanation; o Existing drainage is poor. o The reconstruction project provides road drainage improvements for Jane Street, as well as the abutting lands draining naturally to the road. This will eliminate long time concerns with water ponding & icing issues on the sidewalks along Jane Street. Similar concerns were raised by residents on Flett Street but were of a more localized nature. 922 REPORT NO.: EGD-015-10 PAGE 4 o Removal of North Sidewalk o As was found with the previous information sessions, the residents were generally in favour of the removal of the sidewalk from the north side of Jane Street and extension of the south sidewalk easterly to Simpson A venue provides a continuous pedestrian link along the street. There were some additional concerns related to the condition of Regional infrastructure and they have been referred to the Region for comment. 4.0 DISCUSSION After review of the recently completed geotechnical report for Flett Street, it was recommended not to undertake pavement rehabilitation for this street due to the poor underlying soil conditions that would not provide sufficient support for the rehabilitated road. As such, staff will request that the Region of Durham defer their work on Flett Street to 2011 in order that the street be considered in the Municipality of Clarington's 2011 Capital Budget as a full reconstruction project, allowing for the urbanization of the street with curb and gutter, improved drainage and a new road structure upgrading the street similar to the proposal for Jane Street. As a result of the Public Information Centre, detailed design will be finalized and design drawings and tender documents will be prepared for the Jane Street project to target a spring tender call. This will allow Council the opportunity to consider the project for construction in summer of 2010. Staff will continue to work with Region of Durham staff to move the Flett Street works to2011. Attachments: Attachment 1 - Key Map 923 v /: yo'/:' 'f' // ~'" h'~o...- ~~lJ-L~'~B ~ \'1 ~'----LJ ~ ~ ~ ~~~~ \ Jh m 11 - ~ ~ ~\',G-< ~~~~ ~ 'dlg."l ~....w aUEENST ,t;~ f-- ~ i f77JJ.. r- " ~~. ~~~~y;p ~~ ~ _ ~ - __ HOBBS DRIVE ~ '!}; \'V->a\ll'-~ ... j: =- -= ~. '< ~ 5 c- -- ~ 'dl ., -- ""'>-. ~~ \ Iii I I I = :::3 ASHDALE CRESCENT ........ -1 t '/'>.... Q\l\',~p,~ ~ ~ =:f II PRINCE STREET, I I I w = '/"/1 1\ III rE3~.!<' HAlLEY ~ _~=, ~ II II ~ rtr\ ,!; t=. ~ = ""-.../ DEERPARK CRESCENT -:lJYf.L ~ ~ ...-: ~~' ~~~~~~;:::::T '" ~::~ o:rm:::i ~~ V ,/"~ a~ ~ DlL1lWl8 \ ~ \ "ok _ ---/_ =:;:l DEERPARKCRESCENT ~ ~'~~~ =-n '== ::::.::: -= =/TT II f}i. ~:;; ~ ~~ f:.~~ ~ \-- I ~ : - - w _,.!!.!?BBSfiDRIVE A 'G ~~~~ ~ k' / = w :> -~ ~ :r '" ~~~~o ~ -Qi- ~ ~ -I- t ~ " \ 'dl - '" i( -I- ~ ~ ,.. g.~ ;Y! 11 - ~ - g -I.---' MORGANDALEC ITII ~ 'dl ~ j:1:L1~ \l 2l--i=V/T 1\\ STREET ',..>\'!}; ~ / SOUTHWAVDRIVE ., II l/7J 1IIIIlY 8~ / II Iii I II-lit ~>-- \ IIIII I~I II f- ~ ~ ___ PARKWAV CRESCENT - l.l.Ll.1.l.1.ll ~ - OIIIITIIJJIIJJ - :J OJJJIITIIIIIIJ - ~~ c:~{- ~ MUTTON COURT PARKWAV CRES ....... I-- I II I I~ rr'-'" A '= SIMPSONAV~ 7 I n P>, - ~ ~ BOWMANVI;;;/";~:It~ ~ n HIllEl !~ ~e'1; :: u.. ~ tn= fi.1 ~=II ~ m~gl~t. ~ g>~~ ~ p~ru ,~____ a: , ~ ~ w r ) ~, ='I ~ r~ !t~l&~ = ~ -U t milj B~eline Rd. ~ \~~ ~~)(''l~ I H ~ ---' ~ I, ~Clrt KEY MAP -- ~ PARK DRIVE E~:j I ANNE ST mNN ST T r-W m '" '" ~ ~ ., ., ~15fJJ =rd ~I ~ o WEST ........./ I~ BASELINE ROAD WEST ~ ~ ., w '" 13 j' = ""' == ::::;:l I ~ r--. - ~~ -== / - I ...J w :> z ~ ~~ ~ !Ii! - :I '--- - 5~~~ g - ~1'o m ~ BASELINE ROAD EAST [] w :> ffi ~I-- '--- z o Il(' A::\Lf ~ ]V w~~ s DRAWN BY: E. L. I DATE: April 12, 2010 I REPORT EGD-015-1 0 ATTACHMENT NO.1 G:\PMS-BaselAttachmentslJane & Flett SI ml\,d v<--r ~~n REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: April 19, 2010 Resolution#: By-Iaw#: N/A Report#: CSD-003-10 File#: Subject: FRAGRANCE FREE RECREATION FACILITIES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-003-10 be received for information. Submitted by: eviewed by: c) ~~~~ Jo e h P. Caruana ector, Community ervices Franklin Wu, Chief Administrative Officer JPC/SM/EM/wg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1201 REPORT NO.: CSD-003-10 PAGE 2 1.0 BACKGROUND 1.1 On January 24, 2010, the Community Services Department received a written request from Ms. Bonnie Randell, a Courtice resident and a member of the Courtice Fitness Facility, to designate the changerooms of the Courtice Fitness Facility "fragrance/scent free". 1.2 Ms. Randell's concern stemmed from the use of perfumed or scented personal products being applied liberally by the patrons of the Courtice Fitness Facility in the confines of the fitness changeroom. Ms. Randell suffers from severe allergies to such products and has experienced health problems that she attributes to being exposed to scented products in the changing areas of the Courtice Fitness Facility. 1.3 Upon receiving Ms. Randell's request, staff completed some basic research on the issue of scent/fragrance free areas. 1.4 Research has indicated that environmental/chemical sensitivities are a group of poorly understood medical conditions that cause people to react adversely to environmental triggers. For individuals who suffer from chemical sensitivities, scented products adversely affect the individual's health. While symptoms vary, the following are examples of symptoms that have been reported: . headaches . dizziness, lightheadedness . nausea . fatigue . upper respiratory symptoms . shortness of breath . skin irritation Allergic and asthmatic patients, as well as those with other conditions, report that certain odours, even in the smallest amounts, can trigger an attack. The severity of these symptoms can vary. Some people report mild irritation while others are incapacitated and/or must give up many 'normal' activities in order to avoid exposure (such as going to public places). 1.5 Staff also surveyed local municipal and private fitness facilities and found that several municipal fitness facilities currently encourage a scent-free environment, but did not have a formal policy in place. Local private fitness facilities that were contacted do not currently encourage a scent-free environment. 2.0 COMMENTS 2.1 While staff has not received significant customer feedback on the use of scented products in municipal facilities, staff believe it would be prudent to raise awareness of this issue with members and general facility users. While 1202 REPORT NO.: CSD-003-10 PAGE 3 designating facilities as scent free and prohibiting the use of such products would be extremely difficult to enforce, an awareness program would encourage the use of scent free products and would strive to increase the general knowledge of this issue for people who are unaware of the impact these products can have on someone who suffers from a chemical sensitivity. 2.2 The Community Services Department will be adopting a voluntary compliance - scent free status and undertaking an education campaign within the facility to encourage the use of scent free products. While the specific request referenced the changerooms of the fitness centre, staff believes in this case a universal approach is best as it is possible that future situations could occur in pool changerooms, arena dressing rooms as well as within the general facility. 2.3 To educate the public, we will provide notice requesting the co-operation of facility users as of May 1, 2010 through various methods such as: . In-house signage · Facility and program newsletters · Membership renewal notices · Program and facility receipts . Email . LED facility signs 2.4 Community Services strives to provide facilities that are welcoming and accessible for all. By encouraging and promoting a scent free environment this will assist individuals with chemical sensitivities to continue to participate at community recreation facilities. Attachments: Attachment 1 - Facility Signage 1203 o Thank you for your cooperation, Community Services Management Please refrain from wearing scented products in Municipal Recreation Facilities The Municipality of Clarington - Community Services Department strives to ensure the comfort and safety of staff and visitors by encouraging a fragrance free environment Fragrance Free Zone Attachment 1 to Report CSD-003-10 Claringron REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: April 19, 2010 Resolution#: By-laW#: N/A Report#: CSD-004-10 Subject: COMMUNITY GRANTS REQUEST - ORONO AMATEUR ATHLETIC ASSOCIA TION RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-004-10 be received; 2. THAT Council consider the grant request submitted by the Orono Amateur Athletic Association under the Community Grant Program; and 3. THAT the Orono Amateur Athletic Association be advised of Council's decision. Submitted by: Reviewed by: J(-aJQ~ ~ oseph P. Caruana irector, Community Services Franklin Wu, Chief Administrative Officer SC/SM/JPC/lw CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1205 REPORT NO.: CSD-004-10 PAGE 2 1.0 BACKGROUND 1.1 On March 17, 2010 the Orono Amateur Athletic Association submitted a Community Grant Application for the 2010 calendar year. 2.0 COMMENTS 2.1 The Orono Amateur Athletic Association has been providing minor sports programs to the Orono community since 1945. In 2009 over 400 youth participated in hockey, soccer and softball programs under their guidance. 2.2 The Orono Amateur Athletic Association has been receiving funding through the Municipal/Community Grant Program since 1995. In 2009 they received a grant of $2,500.00. 2.3 Staff have reviewed their application and concluded .that the association does meet the criteria of the Community Grant Program, under the funding category of Recreation/Leisure. A summary of their grant information is included. (Attachment 1) 2.4 Presently the Community Grant Program has an unallocated balance of $14,750.00. Attachments: Attachment 1 - Summary of Grant Information Interested party to be advised of Council's decision: Laverne Boyd 1206 Attachment 1 to Report CSD-004-10 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Orono Amateur Athletic Association APPLICATION #: Supplementary #1 DATE RECEIVED: 03/17/10 CONTACT NAME: Laverne Boyd DESCRIPTION OF PROGRAMS AND SERVICES: Provide minor sports such as hockey, soccer, softball and baseball to over 400 young people in Orono and the surrounding area. FINANCIAL SUMMARY: REVENUE EXPENSES NET 2008 $215,024.00 $231,977.00 ($16,953.00) 2009 $225,879.00 $243,578.00 ($17,699.00) 2010 $237,175.00 $255,806.00 ($18,631.00) FINAL NET ($14,453.00) DEFICIT ($15,199.00) DEFICIT ($16,131.00) DEFICIT MUNICIPAL GRANT HISTORY: 2008 GRANT 2009 GRANT 2009 GRANT 2010 GRANT APPROVED REQUESTED APPROVED REQUESTED $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 1207 CIadngron REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: April 19, 2010 Resolution#: By-Iaw#: 'N/A Report#: CSD-Q05-10 Subject: COMMUNITY GRANT REQUEST - NEWCASTLE SANTA CLAUS PARADE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report CS D-005-1 0 be received; 2. THAT Council consider the grant request submitted by the Newcastle Santa Claus Parade under the Community Grant Program; and 3. THAT Martha Hendrikx, President, Newcastle Santa Claus Parade be advised of Council's decision. Submitted by: Reviewed by: d~-2 ~ h P. Caruana Irector, Community Services Franklin Wu, Chief Administrative Officer SC*SM* JPC*lw CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1208 REPORT NO.: CSD-005-10 PAGE 2 1.0 BACKGROUND 1.1 On April 9, 2010, Martha Hendrikx, President of the Newcastle Santa Claus Parade, submitted a Community Grant Application for the 2010 calendar year. 1.2 Ms. Hendrikx had submitted an original application by mail on December 16, 2009, however this application was hever received by staff. 2.0 COMMENTS 2.1 The Newcastle Santa Claus Parade has been enjoyed by the residents of Newcastle since 2005. The parade involves over 1,000 local volunteers and participants. 2.2 The Newcastle Santa Claus Parade has been receiving funding through the Municipal Grant Program/Community Grant Program since 2005. In 2009 they received a grant of $2,000. 2.3 Staff have reviewed their application and concluded that the association does meet the criteria of the Community Grant Program, under the funding category of Civic. A summary of their grant information is included, (attachment #1). 2.4 Presently the Community Grant Program has an unallocated balance of $14,750. Attachments: Attachment 1 - Summary of Grant Information Interested party to be advised of Council's decision: Martha Hendrikx 1209 Attachment 1 to Report CSD-005-10 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Newcastle Santa Claus Parade APPLICATION #: Supplementary #2 DATE RECEIVED: 04/09/10 CONTACT NAME: Martha Hendrikx DESCRIPTION OF PROGRAMS AND SERVICES: Organize and host annual Santa Claus Parade in Newcastle FINANCIAL SUMMARY: REVENUE EXPENSES NET 2008 3,504.72 5,137.28 (1,632.56) 2009 7,514.04 8,496.50 (982.46) 2010 8,017.54 8,989.00 (971.46) FINAL NET 867.44 SURPLUS 1,017.54 SURPLUS 1,528.54 SURPLUS MUNICIPAL GRANT HISTORY: 1210 ~ REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 19, 2010 Resolution#: By-laW#: N/A Report#: COD-012-10 File#: Subject: TENDER NO. CL2010-12 - SUPPLY & DELIVERY OF ONE (1) HYDRAULIC EXCAVATOR Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-012-10 be received; 2. THAT Amaco Construction Equipment Incorporated, Mississauga, Ontario, with a total bid in the amount of $307,622.88 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-12, be awarded the contract for Supply & Delivery of One (1) Hydraulic Excavator, as required by the Municipality of Clarington, Operations Department; 3. THAT the funds expended be drawn from the Operations Department 2010 Replacement of Fleet-Roads Account 110-36-388-83642-7401. Submitted by: ~ Marie Marano, H.B.Sc., C.M.O., Director of Corporate Services / ~/ / //~>..' 1. ~-'/ ~ Nancy 1: ylor, .A., C.A., Director of Finance /] . ,,'7' P. "<-r Reviewed by:c ~~-.... ~ ~ Franklin Wu, Chief Administrative Officer MM\JDB\bh CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1401 REPORT NO.: COD-012-10 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 Tenders were publicly advertised and called for the Supply and Delivery of One (1) Hydraulic Excavator as required by the Operations Department. Subsequently, one tender was received and tabulated as per Schedule "A" attached. 1.2 The tender document made provision for bids with an option to trade in an existing unit. Schedule "A" attached provides both an outright purchase price and an after trade price. 2.0 ANALYSIS 2.1 After review and analysis of the bid by the Operations Department and Purchasing, it was mutually agreed that the sole compliant bidder, Amaco Construction Equipment Incorporated, Mississauga, Ontario, be awarded the contract for the Supply and Delivery of One (1) Hydraulic Excavator. Based on staff review the bid amount offered is fair and reasonable. 2.2 Amaco Construction Equipment Incorporated, Mississauga, Ontario has provided similar services to the Municipality of Clarington in the past and the level of service has been satisfactory. 3.0 FINANCIAL 3.1 The purchase of one (1) Hydraulic Excavator is a replacement unit for the Operations Department. 3.2 The Operations Department has accepted the trade-in price of $32,000.00 for the 1998 Gradall XL4100 (Unit 98551). 1402 REPORT NO.: COD-012-10 PAGE 3 3.3 The budget for the hydraulic excavator is $375,000.00. The funds required for Tender CL2010-12, Supply & Delivery of One (1) Hydraulic Excavator are in the Operations Department 2010 Replacement of Fleet-Roads Account 110-36-388- 83642-7401. 3.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. 4.0 CONCLUSION 4.1 To award the contract to Amaco Construction Equipment Incorporated, Mississauga, Ontario, for Tender CL2010-12, Supply & Delivery of One (1) Hydraulic Excavator. 5.0 INPUT FROM OTHER SOURCES 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Operations Attachments: Attachment 1 - Schedule "A", Bid Summary 1403 ~n REPORT CORPORATE SERVICES DEPARTMENT Schedule "A" Bid Summary Tender CL2010-12 BIDDER TOTAL BID (without trade-in & excludin GST TOTAL BID (with trade-in ...~ excludinGS. Amaco Construction Mississauga, ON $342,182.88 $307,622.88 1404 ~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: APRIL 19, 2010 Resolution#: By-laW#: N/A Report#: COD-013-10 File#: Subject: CLARINGTON.NET NEWSLETTERS RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report COD-013-10 be received for information; 2. THAT the Clarington.net newsletter continue to be produced and distributed by the Municipality of Clarington; and 3. THAT Metroland, Durham Region Media group be thanked for their proposal submitted to the 2010 budget for consideration. Submitted by: rie Marano, H.B.Sc., C.M.O., Director of Corporate Services Reviewed by: 0 ~..:... ~ Franklin Wu, Chief Administrative Officer MM\JDB\sm\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1405 REPORT NO.: COD-013-1 0 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 Metroland, Durham Region Media Group, provided to the Municipality of Clarington for consideration in the 2010 budget deliberations a proposal for the printing and distribution of the 2010 Clarington.net newsletters. 1.2 Since 2007 the "Clarington.net" newsletter has been designed in house and outsourced to a printer for the printing and the distribution to the post offices. Canada Post then bulk mails the newsletter to all houses within the Municipality of Clarington. 2.0 ANALYSIS 2.1 After a closer look at the proposal received from Metroland, it was determined that their proposal involved the design layout, the selling of advertisement for within the newsletter, as well as the printing and the distribution of the newsletter via their newspaper "Clarington this Week." 2.2 When considering their proposal, some areas of consideration were identified, some of which include the following: . The layout and writing of information would be out of the hands of the Municipality as it is anticipated outsourcing would involve assigning a writer for this publication. . There would be an additional time commitment required by Department Heads/staff to meet and discuss information for the articles with an external Writer. This could potentially lengthen the time required to complete the newsletter. . There is expected to be significant loss of control over the editorial content as well as the amount of space sold to outside advertisers. 1406 REPORT NO.: COD-013-10 PAGE 3 · The paper weight appears to be different than what is currently used for this newsletter. Metroland's proposal had noted using a lighter weight of paper for this newsletter, ~hereby significantly impacting the cost comparisons, making the status quo more beneficial. · Coverage is a concern as currently Metroland does not deliver to every household in Clarington. Some houses have specifically requested not to receive the newspaper while other areas such as Burketon are not serviced at all. The Courtice/Oshawa borderline receives Oshawa this Week so this area would not receive the newsletter either. It is estimated that within Clarington there are approximately 5,000 households to whom Metroland does not deliver to at this time. . A decrease in time that staff currently have to set aside to complete the Newsletters is not foreseen. As staff time is still required to proof. assist and review as required before final print. 3. FINANCIAL 3.1 A cost analysis was undertaken comparing the printing and distribution of the Clarington.net newsletter, to the general information available on the proposal, without going out for a full tender or RFP which would add a significant time delay to the assessment or the opportunity. 3.2 In comparing what is currently paid to print and distribute the Clarington.net Newsletter to what Metroland has proposed, on the surface there would appear to be a potential cost savings of approximately $468.00 per year or approximately $117.00 per publication by changing from the current practice. However the following were not taken into account: the cost difference between the paper currently used and the lighter weight noted in Metroland's proposal; the extra cost that would be 1407 REPORT NO.: COD-013-10 PAGE 4 incurred by the Municipality to ensure that all households within Clarington would receive the newsletter;. nor the cost associated with the extra time required by staff. 3.3 The comparison between the two methods using equal paper quality allowed for a more accurate cost comparison of the two methods. By changing the paper from 35 Ib Alternate Offset to Newsprint (as quoted by Metroland) the Municipality of Clarington would see a savings of approximately $2,700 per year. This savings would be obtained by maintaining the current means of printing and distribution of the newsletter but by utilizing Newsprint rather the 351b Alternate Offset paper which is currently used for this publication. 3.4 In order to refine the analysis and establish the required standards and costs should Council with to outsource this publication a Request for Proposal would be recommended to encourage competition to establish pricing and methods. 4. CONCLUSION 4.1 Given the significant difference in cost based on the preliminary analysis of the information available from the proposal, it is recommended that for the balance of the 2010 year the Clarington.net continue to be produced and distributed using the existing practice. Attachments: Attachment 1 - Schedule "A", Metroland Proposal 1408 Clarin Proposal to print and distribute Clarington.net Clarington This Week would like to tender the following quote for the print and distribution of the 201 0 Clarington.net newsletters. Clarington.net /FOL..2 ISSUE 3' -.d..-tnglDn.net ~. "~ ....>~'.'.'...'... nor SEPTEMBER 2001] . . ~. - -~, . !iI:!t<:' ~~ · C1AMN.TOII CDuNCii ' *-,...,_..._ ..... rio_ :... -=.......... -. ("':!,Mc:I&.ny =--.....-;::::::=III..~...... ::...-:s:..::s=:~~'E.:::.-: =::::.....:.::r~.--...-;;;.:- ~....c:::::.............~........... ::::::.:::-...~~..~":4. ~:S~~~:5; ....:::..........= :.-........ ==-~~-=:::.-~:=., ~.:;..-:!i::~':::'=::- :::..-====:::--=5.;-:'~ =:..~_.......-=::..=---- ':,~ 14rfJ.....~ --.......-:::::... ~ II ........... !!!r~-==-c..;..~.,_ ::::..~--= -:-=:-:.....--=-.-.:. ==:=-.~~~-:- ::.::-._~:.......~ .......:=... -r-~....._- .............~~~ - =~--~~ .......,..,........ ---........=.. ==--=:'~::'!:::.-"" =- ~..=...........::..~......~-:= :::~-==-.::.:==-'=t=!i::.c;:: =::r--- ...... - --..:::- ::~--- ~. -..- ~ :s=......__ . -..=~=..;;:;;.;.;.-== .......... --...............,,:-- ;...~~~=:.-'''''''""" s-.~::::..?-:.=.~';'~.;;; . .....-=:... "'~'i...-:':''':."",,== :__~__=:-_...a:::::.-:,=:..~. ........ --- SPECIFICATIONS: auan~ity: Dates: Stock: Financial Investment:' Distribution: Please note that this price includes production, print and distribution of the newsletter. MOLAND DURHAM REGION MEDIA GROUP Metrol.nd Durham Region Media Group, A Division 01 Tomar Corporation 865 Farewell Street. ash.wa ON L 1H 7L5 !IO!5-!i711-4AOO _.durhamr...lan.com 1~&9 Clarington REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: APR 19, 2010 Resolution#: By-laW#: Report#: FND-008-10 File#: Subject: REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - JANUARY - MARCH 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-008-10 be received for information. Submitted by: Reviewed by: d l-z{~~ ~~ Franklin Wu, Chief Administrative- Officer NT/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 1501 REPORT NO.: FND-008-10 .. PAGE 2 1.0 BACKGROUND: 1.1 At the meeting held on January 12, 2009, Council requested staff to provide by department on a monthly reporting basis a report to Council on the variable growth related revenue and the. variable economic related revenues which could . have an adverse effect on achieving the municipal capital and current budget targets. 2.0 CURRENT: 2.1 This report is based on the first quarter of 2010 to bring the report current period due to time constraints. Subsequent reports will be returned to the monthly format. 2.2 This report is for the months of January to March 2010 including the year-to-date amounts along with prior year's amounts for comparison. 2.3 This report will look at the Building Division's revenues of the Engineering Services department such as municipal development charges and building permit fees revenue paid, the total of Planning Services Department's revenues such as site plans, rezoning, condominium application fees and subdivision applications fees revenues. 2.4 The revenue amounts reported monthly in this report are reflected in the municipality's general ledger when paid to the municipality, ie. on a cash basis. There will be some differences between this report and the monthly Report on Building Permit Activity from the Engineering Department due to this timing difference. 1502 REPORT NO.: FND-008-10 PAGE 3 3.0 ENGINEERING SERVICES - BUILDING DIVISION REVENUE STATUS MUNICIPAL DEVELOPMENT CHARGES JANUARY TO MARCH 2010 2009 MUNICIPAL NUMBER MUNICIPAL NUMBER % CHANGE OF UNIT TYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2010-2009 Single/Semi- Detached -New construction $ 1,323,360.00 96 $ 418,091.00 36 -Additions $ - 0 $ - 0 Townhouse $ 168,392.00 14 $ - 0 Apartment $ 37,744.00 4 $ - 0 Commercial $ 75,428.45 2 $ - 0 Agricultural $ - 0 $ - 0 Government $ - 0 $ - 0 Institutional $ - 0 $ - 0 Industrial $ - 0 $ - 0 TOTAL $ 1,604,924.45 116 $ 418,091.00 36 283.9% 3.1 In the 2008 Development Charges Amendment Study, it is forecasted that the municipality would be collecting approximately 85 residential units on a monthly basis for 2010 and approximately 82 residential units on a monthly basis for 2009. For the months of January to March 2010, there were only 116 units of the forecasted residential units of 255 being issued which equates to 45.5%. For the months of January to March 2009 there were 36 units of the forecasted residential units of 246 being issued which equates to 14.6%. Comparing the number of units issued in 2010 to 2009, shows that January to March 2010 has collected 322.2% of the units issued in January to March 2009. Per the 2008 DC Amendment Study, 1,017 residential units are forecasted for 2010. Per the 2008 DC Amendment Study, 983 residential units are forecasted for 2009. 1503 REPORT NO.: FND-008-10 PAGE 4 4.0 BUILDING PERMIT FEES REVENUE STATUS 4.1 The line graph below on building permit fees illustrates on a monthly basis the permit fees collected for the years 2008, 2009 and year-to-date with the 2010 budget per month. This line graph accents the fluctuations on a monthly and yearly basis for the building permit fees collected in any given year. BUILDING PERMIT FEES PER MONTH $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 - $150,000 $100,000 $50,000 $0 ~(\ ~(\ ~.::> f..'::> \7> <<~ 0:- ~ ~ ~::::. ~~ ~'l>~ ~'l- \~ ,S-~ 'I o:)~ q} q} q} q} ~ :t> (f> :t> :t> ~~ ^.....rz; 0(:; Stoll; <.ll; c..,'l-" ~o ()ll; -2008 Actual -2009 Actual -2010 Actual -2010 Budget 4.2 For the months of January to March 2010, $361,790 was paid for building permit fees which represents 170.3% of the 2010 first quarter budget of $212,499 (2010 budget is $70,833 per month). For comparison purposes, for January to March 2009, $265,428 was paid for building permit fees which represented 177% of the 2009 first quarter budget of $150,000 (monthly revised budget was $50,000 per month). 4.3 The following line graph illustrates the building permit fees on an accumulated. monthly basis for the years 2008, 2009 and year-to-date with the 2010 YTD budget. The total building permit fees revenues were as follows for the years: 2008 - $1,348,198; 2009 - $812,747 and as of March 31, 2010 - $361,790. For comparison purposes, the 2008 permit fees of $1,348,198 was 90% of the 2008 annual budget of $1,500,000; the 2009 permittees of $812,747 is 135.5% of 2009 revised annual budget of $600,000 and as of March 31, 2010 permit fees of $361,790 is 42.6% of the 2010 budget of $850,000. 15Q4 REPORT NO.: FND-008-10 PAGE 4 4.0 BUILDING PERMIT FEES REVENUE STATUS 4.1 The line graph below on building permit fees illustrates on a monthly basis the permit fees collected for the years 2008, 2009 and year-to-date with the 2010 budget per month. This line graph accents the fluctuations on a monthly and yearly basis for the building permit fees collected in any given year. BUILDING PERMIT FEES PER MONTH $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 ~-\ ~-\ ^" ~" ""..... ~ ," <l; 0- ~ ~ ~~ "?-~ ~~-\ ~'lI \V ,~-\ c} 'lI' ~ 'lI' ~ \V v~v ~ (f ~ ~ ~ ^....rz; 0<:7 s,rz; c.,rz; c.,'lI'< ~o <::)rz; -2008 Actual -2009 Actual -2010 Actual -2010 Budget 4.2 For the months of January to March 2010, $361,790 was paid for building permit fees which represents 170.3% of the 2010 first quarter budget of $212,499 (2010 budget is $70,833 per month). For comparison purposes, for January to March 2009, $265,428 was paid for building permit fees which represented 177% of the 2009 first quarter budget of $150,000 (monthly revised budget was $50,000 per month). 4.3 The following line graph illustrates the building permit fees on an accumulated. monthly basis for the years 2008, 2009 and year-to-date with the 2010 YTD budget. The total building permit fees revenues were as follows for the years: 2008 - $1,348,198; 2009 - $812,747 and as of March 31, 2010 - $361,790. For comparison purposes, the 2008 permit fees of $1,348,198 was 90% of the 2008 annual budget of $1,500,000; the 2009 permit fees of $812,747 is 135.5% of 2009 revised annual budget of $600,000 and as of March 31, 2010 permit fees of $361,790 is 42.6% of the 2010 budget of $850,000. 15Q4 REPORT NO.: FND-008-10 PAGE 5 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 BUILDING PERMIT FEES CUMULATIVE YTD - = .-.;:--- ---~ ~ =- ;.c -' -' ~ .~ ~~ ~~ ~c; ~, ~.;:> ~.;:> ~'l> ~ ,,'l> <<.~ ~'l>~ ~e ".;:> ~~ ~ q} q} q} q} ".;:> !Jo~~ ~ ~ ~ 'I;(ov , 1!o,.1l; o~ Soil; t,1l; ,?e~ ~o <:)Il; -2008 YTD Actual-2009 YTD Actual -2010 YTD Actual-20lO BUDGET 5.0 PLANNING SERVICES REVENUE STATUS 5.1 Planning Services individual revenue sources have been consolidated. Planning Services revenues include Official Plan amendment fees, rezoning fees, site plan fees, subdivision application fees and subdivision/consent application fees. Planning fees do not reflect full cost recovery rates in contrast to those done under Building Fee Legislation. They have been consolidated since the sum total of fees is the key revenue number and individual types of application are difficult to predict. 5.2 The graph below illustrates the monthly revenue collected for the years 2009 and year to date with the 2010 budget per month. $140,000.00 $120,000.00 $100,000.00 $80,000.00 $60,000.00 $40,000.00 $20,000.00 $0.00 PLANNING SERVICES PER MONTH ~<:\ ~<:\ ~O' ~~ ~~ ~7> \7> x~ i..~ ~~ ~e \~ ~:.),.. ,:)C} rz} rz} e' rz} ') ,:)QC ~ ~(f> ~ ~ ~ ~e 0(; ",e r.-e c.,e~ ~o <::)e ~7>~ -2009 Actual -2010 Actual -2010 Budget 1505 REPORT NO.: FND-008-10 PAGE 6 5.3 Planning Services 2010 budget for the overall revenues is $200,000 and for 2009 revised budget the overall revenues were $186,000. The Planning Services revenue actuals for the first quarter of 2010 are. $154,063 and for the first quarter of 2009 were $33,152. PLANNING SERVICES CUMULATIVE YTD $300,000.00 $50,000.00 $250,000,00 $200,000.00 $150,000.00 $100,000.00 $0.00 ~<A ~<A ~.;:, I.'" ",'b '<~ is 1><; ~ i..~ ..,.~ ~'b"" ~<z- ",'" .s"" '> .;:,~ <to <to <to <to ~ ~"Q (f) ~"Q ~"Q ..,..s <Z; ,....<:;' <Z; r:.-<Z; :Q'<.; '-' o~ ",<Z; c.,<Z; ~ 'V -2009 YTD Actllal -2010YTDActllal -2010YTDBlldgct 5.4 The Planning Services accumulated revenues year-to-date as of March 2010 is $154,063 and as of March 2009 were $33,152. The accumulated revenues as a percentage of the year to date budget values: 2010 is 308.1 % and 2009 revised was 71.3%. 6.0 SUMMARY AND CONCLUSIONS: 6.1 In comparing current year's month and previous year's month values several aspects need to be considered such as the time of year/season, economic conditions, weather conditions, inve~tors lo~g term plans, pending legislation and appeals. It is important to keep in mind that Planning fees are applied to the overall general fund rather than departmental. The development plan review and implementation process involves staff from many departments who play various roles in the process to generate the revenues identified. While fees are sporadically received, plan review and implementation activities are ongoing. 6.2 To-date, revenues are better than anticipated which may be a reflection of some pent-up demand remaining form the 2009 economic climate. The year-end spike in 2009 were applications in anticipation of the fee increase January 15\ 2010. Application fees are not a steady stream rather they are intermittent throughout the year. The first quarter results cannot be extrapolated over the balance of the year. 1506 Clarington REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: APR 19, 2010 Resolution#: By-laW#: Report#: FND-009-10 File#: Subject: TAX OFFICE - CHANGE OF OWNERSHIP FEE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-009-10 be received; 2. THAT Ms. McGuey's request be received for information; and 3. THAT Ms. McGuey be advised of Council's decision. Submitted by: Reviewed by: (~ rz-<-,'VtQ~L~ Franklin Wu, Chief Administrative Officer NT jhjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 1507 REPORT NO.: FND-009-10 PAGE 2 BACKGROUND: 1.0 At the meeting held March 1, 2010, Council approved the following resolution: Resolution C-074-10 Moved by Councillor Robinson seconded by Councillor Hooper "THAT Correspondence Item 1-11 from Ann McGuey with respect to Administration fees be referred to the Director of FinancefTreasurer". 1.1 A copy of Ms. McGuey's correspondence is attached, marked Attachment "A" 1.2 The Tax Collector has been in contact with Ms. McGuey in regards to the $25 administration fee and the tax payer would like this fee to be removed from her account. COMMENTS: 2.0 At the meeting held on November 23,2009, Council approved report FND-032- 09 Service Fee Amendments that authorized the implementation of Ownership Change Fee of $25.00 per taxpayer effective January 1, 2010. The Ownership Change Fee was part of the cost saving measures for the 2010 Budget that was outlined in the approved Report CAO-004-09 at the Special Council meeting held on August 31, 2009. This revenue has been included in the 2010 budget to assist in reducing tax levy increases. 2.1 The Municipality of Clarington is not the only municipal government charging this Ownership Change Fee. Please refer to the below chart of the surrounding area municipalities and their rates. Town of City of City of Town of Ajax Oshawa Pickering Whitby Change of Ownership fee $ 25.00 $ 10.00 $ 25.00 $ 25.00 2.2 It has been suggested that the Ownership Change Fee be charged only to taxpayers moving into the Municipality of the Clarington for the first time. However, there is no mechanism in place to differentiate the taxpayers moving within or relocating from outside of Clarington's boundaries. The documentation for ownership changes from MPAC and lawyers only includes the new address not where an individual is moving from. 2.3 To clarify Ms. McGuey's statement in her letter, the $60 fee is for Tax Certificates not for a photocopy of tax arrears. This fee has been charged for many years 1508 REPORT NO.: FND-009-10 PAGE 3 and is consistent across municipalities. Lawyers offices require these tax certificates as part of their due diligence in administering real estate transactions. 2.4 To date the revenue collected through Ownership Change Fee is $14,800.00. Any change to the current approved process would create both budget shortfalls in 2010 as well as refund issues. CONCLUSION: 3.0 It is not recommended that any change be made to the currently approved fees. Interested Parties: Ms. Mc~uey 1509 -~ FND-009-10 t 1 to Attachmen '~~ ~~,- ~ a_ ....0- a,.,<,"::, a_ ~ '\ --- ,~A/h ~ ..:1a 41.l/.L. A<'Uu = . :z::= ' · / - '."2 ,Rn.<("NlP ~.. n _Z;: _.~: .' I~_ . 4'-~~~~,,* ~- A,:rl;",..A.-. ~ ,f~./~,. '4< 7 ,'. _..-4-~/~,..d~O~ ~~/~, ~'~//u~' ~~/, ~'A/.-b ~ _ ~ . .- . ~, .-- ~, ~:.u -"J~Z" e(~7 ~ _A.'!'4..d-,,/' , d-('~i""-4., ~'. 4Iv./L.d.J ~.A~ . ZL. '.fL<.I, :.(J d.J--MJ~.I~ ~ . '~ \~- "/'~'~;~~~.~ . .~A:::dL~:;:!,~ -z.~ 4-1/.n~ · ---1 . J..--_ ~. /.'l"..h-, ' _ I ./~/ &. i ~ .1510 oaA~~ . ~A4~~~~ ~ k~.A/ .4.%-Z-~ .4 ,-r/~ ~ . ?/. ".AH.~~j ..A'~ i....A ""L1A~1/A/;V1 " rr fi ~)lm . e..I1./~./ 4- ~ t-(.~. -- . ---------------- ----- ---- I --------.--- ----1 1511 Unfinished Business The following motion was tabled at the March 29,'2010 General Purpose and Administration Committee: DREDGING - BOWMANVILLE AND NEWCASTLE (BONDHEAD) MUNICIPAL BOAT LAUNCHES Resolution #GPA-211-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-042-10, regarding dredging in the Bowmanville and Newcastle (Bondhead) municipal boat launches, be tabled until the General Purpose and Administration Committee meeting of April 19, 2010. CARRIED 1801 CJ!K-wgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 29, 2010 Resolution #: By-law #: N/A Report #: PSD-042-10 File #: PLN 15.2 and PLN 15.10.2 Subject: DREDGING - BOWMANVILLE AND NEWCASTLE (BONDHEAD) MUNICIPAL BOAT LAUNCHES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-042-10 be received; and 2. THAT all interested parties listed in Report PSD-042-10 and any delegations be advised of Council's decision. Reviewed bYO~~ Franklin Wu Chief Administrative Officer FLldf 22 March 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO ~ 1C 3A6 T (905)623-3379 F (905)623-0830 1802 REPORT NO.: PSD-042-10 PAGE 2 1.0 PURPOSE OF REPORT At the Council meeting of December 14, 2009 the following motion was passed: "THAT Correspondence Item D-14 from Robert Kreasul, with respect to Port Darlington Marina, be referred to staff for preparation of a report addressing responsi~i1ity for channel dredging and associated costs." This report provides an overview of the responsibility for channel dredging and associated costs and the municipal operation of the boat launches at Bowmanville Creek north of Port Darlington (Attachment 1) and Bondhead on the west side of Graham Creek (Attachment 2). Mr. Kreasul's letter is Attachment 3. 2.0 BACKGROUND 2.1 Bowmanville Creek/Port Darlinaton The Port Darlington Marina was initiated and developed by the Gil family in the mid 1970's. At the time the commercial fishing fleet that had existed at the mouth of Bowmanville Creek on the east side of the channel owned by Port Darlington Harbour Company had diminished and transitioned to the sport fishing that continues to exist today. Concurrently there was also a move, by many, to pleasure boating. The Gil family obtained permission to dredge a marina and build the motel/restaurant complex and condominums which continue to exist today; now owned by Port Darlington Marina- Hotel. The Central Lake Ontario Conservation Authority purchased approximately 57 acres of land in 1975 and another 11 acres in 1977 and 1978. This initiated the development of the Bowmanville Harbour Conservation Area. Initially it was to protect the significant Bowmanville Marsh, and to provide area residents with access to fishing opportunities in the form of a boat launch, fish cleaning station and parking facility just north of Bobby C's and Port Darlington Marina. As part of the work that led up to Clarington's first Official Plan, the Clarington Waterfront Study (1991) was prepared along with the Port Darlington Plan Area: Background Study (1992). These documents are the basis for the policies in the Official Plan and Port Darlington Neighbourhood Secondary Plan that were adopted in 1996. By the late 1990's there had been an evaluation of the mandate of the Conservation Authority with regard to the provision of recreational amenities. The recreational mandate had in large part been eliminated in favour of a greater natural heritage focus. The boat launch area was leased to the Municipality in 2000 on a 20 year lease. Part of the reason for this shift in responsibility was the Municipality's ability to garner funds under the Millennium grant process for the development of the Waterfront Regeneration Trail. In addition, the Municipality had been instrumental in the formation of the Valleys 2000 group, which encompassed the urban portions of the Bowmanville and Soper 1803 REPORT NO.: PSD-042-10 PAGE 3 Creeks with a focus on the restoration and enhancement of the creek valleys for the residents of Bowmanville. After the Municipality leased the boat launch, improvements were made in subsequent years through the grading and drainage of the parking area, construction of the Waterfront Regeneration Trail and removal of the fish cleaning station. The area adjacent to the boat launch accommodates approximately 30 vehicles and trailers; however, it is also encumbered with hydro towers and mostly successional vegetation of low ecological importance. Council recently approved an exchange with CLOCA, which will see the Municipality become the owners of the boat launch area. 2.2 Bondhead/Graham Creek The boat launch on the west side of Graham Creek was constructed in 1991 as a response to the Recreation/Leisure Services Masterplan recommendations. The Recreation/Leisure Services Masterplan was undertaken in 1990 to determine the gaps in leisure services being provided by the Municipality. One of the major areas of demand from the surveys and public consultation was the lack of public access to the . waterfront and lake. The development of the Bondhead Parkette was seen as a way to address this issue. . In 2000 as part of the drafting of the Land Acquisition Strategy the lack of spa98 for parking at the Bondhead Parkette/Boat Launch was noted as a concern and three residential properties adjacent to the parkette where identified as future acquisitions. These properties were acquired between 2000 and 2005 and the lands have been added to the parkette as green space. To date, the parking has not been enlarged. 2.3 Boat Launch Economic Spin-offs. 2.3.1 The demand for boat launching ramps, mainly required to serve anglers, is projected to grow at a rate similar to that of the fut\;Jre household growth in Durham. Typically launching ramps are provided by marina operators and very few free launching ramps exist. 2.3.2 There is no precise data available on the numbers of persons who use the boat launch or the economic spin-off from this activity. Casual observation by maintenance staff indicates that both facilities are well used and attract anglers from outside the Durham area and province. 2.3.3 The Town of Whitby, which has a boat launch as part of their marina operation indicate there are over 1,000 launches per year. This number does not include boaters that purchase seasonal passes. 2.3.4 The economic spin-off from the tour and charter operators, boaters and casual fishermen is unknown. However; it is known that the impact can be significant. Attachment 4 is a calculator used in the tourism industry based on the known impact from boat launches. Calculations of 500, 1,000 and 1,500 launches demonstrate the spin-off benefits. 1804 REPORT NO.: PSD-042-10 PAGE 4 2.4 Channel Ownership and Jurisdiction 2.4.1 The BowmanvillelSoper Creek from West Beach Road south to the southern tip of the condominiums is owned by CLOCA. From the condominiums south to the lakefront the channel is owned by the Port Darlington Harbour Company. The piers on either side of the mouth of the channel are owned by the federal government. 2.4.2 The Bondhead Parkette and municipal boat launch are owned by the Municipality, as are the breakwater structures. The Municipality took over the breakwater structures in 1999. The channel ownership could not be determined from the MPAC property fabric, a land title search at the Land Titles office would be necessary to determine ownership. 2.4.3 The provincial government has jurisdiction over the bed of streams. Approval for any works requires licenses and/or permits from the applicable conservation authority and Ministry of Natural Resources. In addition, permits are required from the federal Department of Fisheries and Oceans; these include restrictions on the time of year that any in-water works are carried out to protect the fishery resource. 2.5 Channel Dredaina 2.5.1 The dredging of the basin areas of the different marinas are the responsibility of the owner/operator of the marina. At one time, funding was available from Small Craft Harbour's for the maintenance and development of recreational boating harbours; however, the mandate of Small Craft Harbour's has shifted and is now focused on providing commercial fish harvesters and other harbour users with safe and accessible fa~ilities. The mandate of Small Craft Harbour's is to keep the harbours that are critical to the fishing industry open and in good repair. The Bowmanville and Newcastle harbours are recreational harbours and do not meet the criteria set out by Small Craft Harbour's, there is no funding that they are eligible for from higher levels of government for ongoing. maintenance and operation. 2.5.2 The channels in the area of the boat launches have become silted up over time. , Typically when silt builds up it gets blown out in a major storm event, such as Hurricane Hazel. Many of the stormwater management and f1oodproofing measures that have been implemented by the Municipality in concert with the conservation authority have a modifying effect as they are designed to retain the water upstream in an appropriate facility and allow for drain down after the event. This assists in avoiding flooding throughout the lower reaches of the streams. 2.5.3 All the marina's and ports along the Lake Ontario waterfront have experience with dredging. Typically they carry out a major dredge every 10-15 years with spot dredges in between to maintain depths in specific areas. Clarington's municipal boat launches and their associated channels have not been dredged since they were built. 2.5.4 The major cost to dredge is often the disposal of the sediment. In the best case, the dredgate can be used for beach nourishment further along the shoreline. This can occur if soil testing confirms no contaminates in the sediment and the approval agencies allow for disposal of the dredgate in this manner. In these best case scenarios the 1805 REPORT NO.: PSD-042-10 PAGE 5 dredging is carried out on a cost per cubic metre with the silt being sucked up and pumped through piping to its disposal site. If the dredgate is to be hauled away, there are trucking costs, plus the preparation and rehabilitation of the soil waste site. The Town of Cobourg has acquired dredging equipment and are willing to provide the service for $1 O.OO/cubic metre if all other aspects are taken care of (e.g. dredging permits,soil testing, soil waste area). If haul away of the dredgate is included the price increases to between $25 to $30 per cubic metre depending on the length of haul, cost of the disposal, remediation of the site, etc. 2.5.5 Typically local marina operators (Cobourg, Port Hope, Newcastle, Bowmanville, and Whitby) spend between $2.0,000 to $40,000/annually to maintain their basin areas. Some years the costs are less; other years are higher depending on the amount of dredging required and where they are in the cycle after a major dredge. 2.5.6 The estimated cost to dredge the channel in Bowmanville Creek from the boat launch to the southern tip of the condominiums would be approximately $40,000 if the dredgate could be used for beach nourishment on the East Beach. 2.5.7 The estimated cost to dredge the channel in Graham Creek from the boat launch to the lake would be approximately $5,000 if the dredgate could be used for beach nourishment on the Bondhead parkette. 3.0 COMMENTS 3.1 The Municipality does not have a legal responsibility to dredge the channels in the vicinity of the boat launches. 3.2 CLOCA and Port Darlington Harbour Company are the owners of the channel in Bowmanville. 3.3 Ownership of the channel in Newcastle would have to be determined through a land titles search, it has been confirmed that it is not owned by Port of Newcastle Marina. 3.4 The Municipality could recover operation costs for the maintenance of the boat launches through the use of barriers and pay/display machines which would require payment for the parking of vehicles/trailers. Separate parking areas accessible to the general public not wishing to use the launch could be provided to allow access at both launches for non-boaters. 3.5 The Municipality benefits from the tourism that the boat launches support; however, there is no specific information available on the economic benefit. 1806 REPORT NO.: PSD-042-10 PAGE 6 4.0 CONCLUSIONS 4.1 Should Council wish to support the economic benefits that the boat launches help promote, specific direction to the appropriate staff will be required. Staff Contact: Faye Langmaid Attachments: Attachment 1 - Bowmanville Boat Launch site plan Attachment 2 - Bondhead Boat launch site plan Attachment 3 - Mr. Kreasul's letter Attachment 4 - Economic Spin-off Calculator Interested parties to be notified of Council's decision: Bob Currie, Port Darlington Marina-Hotel Bowmanville Andy Wiggers, Wiggers Custom Yachts Bob Kreasul Kevin Williams Kelvin Whalen, Kaitlin Group Allison Woollacott, Port of Newcastle Marina Perry Sisson, CLOCA Mark Peacock, GRCA 1807 Attachment 1 To Report PSD-042-10 ~ o ..... (.) BobbyC's/ Port Darlington Hotel Port Darlington Marina PDHC/Wiggers MOC EAST BEACH ROAD Municipal Boat Launch Attachment 2 To Report PSD-042-10 :2 UJ (!) 0:: @ c.9 SYDENHAM STREET QUEEN VICTORIA STREET DARCY STREET SOUL TON STREET ,. ~. r '. '. , \~ To Report PSD-042-10 Robert G. Kreasul ;:: " .. + . - . ,~ ,- A ,. ~ "(W <;. >. _ ." i:-'" ~ '- -..:..~~,,' ,,~,~~~ ~ +"~-:.,,, ... \'fc.,. ~ ." ,- ~,' -~$' ~.' Phone: 905-243-7711 November 26, 2009 Dear Mayor Abernathy: I am writing this letter representing the over 150 resident boats in the Port Darlington Marina, transient boaters, residents of Wiggers Yachts Basin (winter and summer), and the users of the C1arington boat launch ramp, which, I believe, are in the thousands. We have a situation at the harbour that needs to be fixed rather urgently - there is not enough depth in the channel to the lake from September onward to fioat even a dingy equipped with an outboard motor. ALL users are affected by this, as It Is unsafe to plough through the mud to get to the lake; We even see geese standin!!ln what was, in the spring, a part of the channen During the summer season, unless you have local knowledge of exactly where the channel is, you WILL run aground. Our harbour is such a pi:turesque destination for transient boaters, and the first thing we offer them is - the certainty of running aground.......... There is a great deal of tourist income derived from the harbour, what with the over SO Salmon Charter boats, and marine tourists travelling along the North Shore, as well as American boaters coming across. I understand that the municipality is required to keep the channel navigable from the boat launch ramp to the lake. This is NOT the casecutrently, all you need to do is ask any boater who uses our harbour. We would be happy to discuss the situation with .you any time, at your convenience. I have included some maps/photos to clarify the channel into Port Darlington. I will contact you on Monday as a follow up to this letter - thanks for your attention. ~. Robert G. Kreasul cc: Mary Novak Willie Woo Adrian Foster Ron Hooper Charlie Trim Gord Robinson 1812 Attachment 4 To Report PSD-042-10 ECONOMIC IMPACT OF BOAT LAUN.CHES 22-Mar-10 1. 500 LAUNCHES: Economic Impact Resutt/Tables TABLE 1 - Economic Impacts of Trip Spending .by Boats Using the Launch Site S<<.tor {Spending C8tf!90ry sales Jobs labor llM:ome Value Added (000'5 $) (ODO's .) (000'5 .) Direct Effects Lodging 3.4 0.1 1.5 2.4 Marina Services 3.2 0.1 1.1 1.9 Restaurant 8.4 0.2 3.2 3.6 Recre~on&Entertilinment 2.2 0.0 0.8 1.3 Repair&Maintenan.ce Grocery Stores (Milrgin&Sales) 2..6 0.1 1.0 1.4 Gas Service Stations (MarginlloSales) 6.0 0.1 2..2 2..9 Sporting Goods/Equipment Retail Margins Other Retail Trade (Margins.&Sales) 1.0 0.0 0.5 0.7 Wholesale Trade {Margins&Sales} Local Production of Goods '- Total Direct Effects 26.6 0.5 10.4 14.2 Secondary Effects 9.3 0.1 2.8 5.0 Total Effects 36.0 0.6 13.2 19.2 2. 1,000 LAUNCHES Economic Impact Result/Tables TABLE 1 - Economic Impacts of Trip Spending by Boats Using the Launch Site Sector/Spending category Sales Jobs Labor Income Value Added (OOO's $) (OOO's $) (OOO's $) Direct Effects Lodging 6.8 0.2 3.0 4.8 Marina Services 6.3 0.1 2.3 3.8 Restaurant 16.7 0.4 6.4 7.2 Recreation&Entertainment 4.3 0.1 1.6 2.6 Repair&Maintenance Grocery Stores (Margin&Sales) 5.2 0.1 2.0 2.7 Gas Service Stations (Margin&Sales) 11.9 0.1 4.5 5.8 Sporting Goods/Equipment Retail Margins Other Retail Trade (Margins&sales) 2.0 0.0 0.9 1.3 Wholesale Trade (Margins&Sales) Local Production of Goods Total Direct Effects 53.2 1.0 20.7 28.4 Secondary Effects 18.7 0.2 5.6 10.0 Total Effects 71.9 1.3 26.3 38.4 1813 ECONOMIC IMPACT OF BOAT LAUNCHES 22-Mar-1O 3. 1,500 LAUNCHES Economic Impact Result/Tables TABLE 1 - Economic Impacts of Trip Spending by Boats Using the launch site Sector/Spending category Sales Jobs labor Income Value Added (OOO's $) (OOO's $) (ooO's $) Direct Effects Lodging 10.2 0.2 4.5 7.2 Marina Services 9.5 0.2 3.4 5.7 Restaurant 25.1 0.6 9.6 10.9 Recreation&Entertainment 6.5 0.1 2.3 3.9 Repair&Maintenance Grocery Stores (Margin&Sales) 7,8 0.2 3.1 4.1 Gas Service stations (Margin&Sales) 17.9 0.2 6.7 8.7 Sporting Goods/Equipment Retail Margins Other Retail Trade (Margins&Sales) 3.0 0.1 1.4 2.0 Wholesale Trade (Margins&Sales) Local Production of Goods Total Direct Effects 79.9 1.6 31.1 42.5 Secondary Effects 28.0 0.3 8.4 15.0 Total Effects 107.9 1.9 39.5 57.5 NOTE: Dollars are in USD. 1814 HANDOUTS/CIRCULA TIONS GPA ~ PORT HOPE AREA ~ - INITIATIVE Port Granby Project Update Port Hope Area Initiative Presentation to Council Municipality of Clarington April 19, 2010 Christine Fahey Project Director, PHAI MO 1 r 4t PORT HOPE AREA INITIATIVE Scope of Presentation ~ Transition Phase Re-cap ~ Recent Achievements & Next Steps · Environmental Assessment · Detailed Design · Pre-Phase 2 Preparations · Licence Application · Ongoing Programs · Project Governance ~ Summary and Focus for Next 18 Months ~ Questions 2 r 4t PORT HOPE AREA INITIATIVE Transition Phase Re-cap ~ Legal Agreement identified 3 project phases · Phase 1 - Regulatory Approvals · Phase 2 - Construction & Development · Phase 3 - Long-term Monitoring & Maintenance ~ In 2008, Transition Phase approved to bridge the completion of Phase 1 and the start of Phase 2 ~ Extends from 2008 March to 2011 ~tember ~ $30 M investment from federal government in 2008 ~ $18 M additional investment in 2010 January 3 r 4t PORT HOPE AREA INITIATIVE Environmental Assessment ,~ Screening Report for the Port Granby Project finalized: Concludes the cleanup will have no significant environmental effects with appropriate mitigation measures ~ Report was approved by: · Responsible Authorities in 2009 August · Clarington Council in 2009 October ~ Environmental Assessment Follow-up Program Plan approved by CNSC in 2010 February. ,~ Biophysical Effects Program to be launched this Spring. 4 r 4t PORT HOPE AREA INITIATIVE Detailed Design ~Design Consulting Services contract totaling $10.8M was awarded AECOM Canada Limited 2010 March 26. ~Design scope includes: · New long-term WMF · Remediation of Sites ~Other services include: · Construction planning and cost estimate · Construction document preparation · Oversee construction work , 'f. ,", 5 r 4t PORT HOPE AREA INITIATIVE Pre-Phase 2 Preparations ~ End Use Committee Report completed and advanced for acceptance in 2010 March/10 ~ Design and implementation of visual and noise barriers along transportation route (Spring) ~ Evaluation of municipal i nfrastructu re on transportation routes (Spring) , o 12~ 250 500 @ , , M91llfS I 6 r 4t PORT HOPE AREA INITIATIVE Licence Application ~ Licensing strategy was revisited based on Port Hope Project experience ~ Detailed design outputs required to secure the construction approval ~ Timing for CNSC hearing deferred to late 2011 ~ No impact on 2012 start date for construction. 7 Ongoing Programs ,JJ! PORT HOPE AREA ~ - INITIATIVE r 4t PORT HOPE AREA INITIATIVE ~ Stakeholder Relations · Web site launch: · Project Information Exchange consolidation within PHAI MO · Port Granby Discussion Group - two meetings per year · Project newsletters - two per year ,~ Municipal Administration Cost Recovery ,~ Municipal Tax Revenue Loss I "What's_ o_cvrJ-'.' Welcome to the "Port Hope Area Initiative" Website "... creating a better environment" 8 r 4t PORT HOPE AREA INITIATIVE Ongoing Programs ~ Property Value Protection · Busiest year since the program's inception · 7 claims in 2009/10 and $575,000 in payments · Largest payment in program's history made in Port Granby in 2009/10 c~ Real estate agent knowledge of the program continues to grow c~ Increased program activity expected as Phase 2 advances 9 r 4t PORT HOPE AREA INITIATIVE Project Governance ~ PHAI Management Office (MO) established to lead project · Natural Resources Canada, Atomic Energy of Canada Limited and Public Works & Government Services Canada · Staff of 25 full-time resources · Situated within the PHAI community :' ~ PHAI MO designated as the "Federal Operating Agency" · Responsible for carrying out Canada's Legal Agreement responsibilities 10 Summary: Focus for Next 18 Mont r 4t PORT HOPE AREA INITIATIVE ~ Complete detailed design for new L TWMF ~ Develop and implement EA follow-up programs ~ Establish visual and sound barriers ~ Prepare licence application for CNSC consideration ~ Meet ongoing Legal Agreement program commitments ~ Keep municipal officials and local residents informed on progress related to Port Granby Project 11 .M PORT HOPE AREA ~ INITIATIVE Questions? , '-"'~ :!l ~ '- . , .. .-,. 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