HomeMy WebLinkAboutPSD-044-11Leading N'e Way
~~-~ REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINSTRATtON COMMITTEE
Date: May 9, 2011 Resolution #: (; pA- 35a- ~ - By-law #:
Report #: PSD-044-11 File #: RE 16.36
Subject: WABBOKISH COURT LAND ACQUISITION
BLOCK 43 AND BLOCK 44, PLAN 40M-1742
RECOMMENDATIONS:
It is respectfully. recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-044-11 be received;
2. THAT the Mayor and Clerk be authorized, on behalf of the Municipality, to execute an
Agreement to accept the lands iden#~ed as Block 43 and Block 44 on plan of
subdivision 40M-1742, Part Lot 35, Concession 3, former Township of Darlington from
290572 Ontario Limited;
3. THAT the municipal portion of the outstanding property taxes, and the outstanding
Regional and education portion of the property taxes be paid from the Unclassified
Administration Tax Write-off Account;
4. THAT the municipal portion of any fees and costs related to the. transfer be funded from
the Land Acquisition Account (110-50-130-850002-7401);
5. THAT Staff and the Municipal Solicitor be directed to take all necessary actions to
complete the transaction and remove the liens from the property; and
6. THAT all interested parties listed in Report PSD-044-11 be notified of Council's
decision.
OF THE MUNICIPALrfY OF CLARINGTON
REPORT NO.: PSD-044-11
PAGE 2
Submitted by:
David /Crome, MCIP, RPP
Director of Planning Services
28April2011
IL/FL/df
Reviewed by:6r~~ ~..
Franklin Wu,
Chief Administrative Officer
REPORT NO.: PSD-044-11
PAGE 3
1.0 BACKGROUND
1.1 Wabbokish Court is part of plan of subdivision 40M-1742 which is located on the east
side of Townline Road in Courtice (Attachment 1). The subdivision was developed by
290572 Ontario Limited (Jeffery Homes) in the early 1990s. The north boundary of the
subdivision abuts the rear yards of the residential properties located on the south side of
Lawson Road. The subdivision was designed to accommodate future expansion to the
north which would include the extension of Lightheart Drive to Lawson Road and the
extension of Wabbokish Court to the northeast (Attachment 2).
1.2 Blocks 43 and Block 44 on the plan of subdivision were retained by the developer and
an easement was provided to the Municipality on both Blocks for the purposes of a
temporary turning circle at the northwest end of Wabbokish Court (Attachment 3). Upon
a future extension of Wabbokish Court the easement would be removed from Blocks 43
and 44 and the Blocks would be amalgamated with additional lands to accommodate
two residential lots.
1.3 Expansion of the subdivision requires the acquisition and amalgamation of the rear
yards of the properties fronting on Lawson Road. This has not happened to date,
therefore, Blocks 43 and 44 have remained in the developer's ownership. 290572
Ontario Limited paid the applicable property taxes on both Blocks yearly until June 19th,
2008. In October of 2008 they were sent the first of a series of tax arrears notices. On
October of 2010 they were notified that the property would be eligible for tax sale in
January of 2011 and a lien would be placed on the property. In response to this
notification 290572 Ontario Limited offered to donate the Blocks to the Municipality.
1.4 Acquisition of these lands would require the payment of all outstanding property taxes
which total $886.53 as of the writing of this report. The applicable taxes for Block 43
include $130.38 for the Regional portion, $42.46 for the education portion, and $124.99
for the Municipal portion, for a total of $297.83. The Regional portion for Block 44 is
$257.54, the education portion is $84.13, and the Municipal portion is $247.03, for a
total of $588.70.
1.5 There is debris on the property which includes yard waste and miscellaneous residential
waste. The Operations Department has completed a site inspection and have
determined the clean-up costs to be approximately $750.00.
2.0 CONCLUSION
2.1 The cost to acquire these Blocks would be $886.53 for the outstanding taxes and
$750.00 for the clean-up costs, for a total of $1636.53. A portion of both blocks are
currently used as a turning circle and they will continue to be used as such until
Wabbokish Court develops further north, at which time these blocks would be
amalgamated with adjoining properties and sold for residential purposes.
REPORT NO.: PSD-044-11
PAGE 4
2.2 There will be minimal costs involved in the acquisition of these lands. There will be
grass cutting maintenance costs and occasional clean-up costs during the period that
the Municipality would own the Blocks, However, it is anticipated that when the property
is sold in the future, the residential land value would cover the cost of the acquisition
and maintenance.
2.3 Staff recommend that the Offer of Jeffery Homes to sell the Blocks be accepted. The
site will be cleaned up and the taxes paid.
2.4 This Report has been reviewed and has the concurrence of the Director of Finance.
Staff Contact: Isabel Little
Attachments:
Attachment 1 - Key map
Attachment 2 - Future development potential
Attachment 3 - Blocks 43 and 44
Attachment 4 - Offer to Sell
Interested parties to be notified of Council's decision:
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From: 9054330089 Page: 2/5 Date: 5/4/2011 10:33:58 AM
Attachment 4
To Report PSD-044-11
OFFER TO SELL
Theundersigned, 290572 Ontario Limited (the "Vendor''), hereby agrees to and with THE
CORPORATION OF TIIE MUNICIPALITY OF CLARINGTON (the "Purchaser"), to sell the
property known as Blocks 43 and 44, Plan 40M-1742, Municipality of Clarington, Regional
Municipality of Durham (the ''Property''), for the purcbase price of TWO DOLLARS ($2.00)(the
"Purchase Price").
ADDITIONALLY, th.e Purchaser agrees with the Vendor to the following terms and conditions:
1., This ~ction is to be com.pleted no later than 5:00 p.m.. on
May 25, 2011, (the '~Closing Date"), which 4ate may be extended or amended by written agreement
of the solicitors for the parties, and on which date vacant possession of-fueFFoperty.ls to b<i:.given, to .
the Purchaser.
2. This Agreement of Purchase and Sale may be executed in counterparts and delivery of an
executed copy of same by each paw to the other shall constitute complete offer and acceptance
thereof.
3. The Vendor represents and warrants to the Purchaser that during the time the Vendor has
owned the Property, the Vendor has not caused any building on the Property to be insulated with
insulation containing ureaformaldehyde, and that to the best of the Vendor's knowledge no building
on the Property contains or has ever contained insulation that contains ureafonnaldehyde. This
warranty shall survive and not merge on the completion of this transaction.
4. Except as provided in paragraph 6 hereof, the Vendor shall discharge all encumbrances
and restrictions registered against title to the Property at its eA'}>ense on or before the completion
of this transaction, save and except permitted agreements as in LT656314, 1;.. T656317,
LT656320,(in favour of Claringwn and Region) and Bell easement as in DR26644.
5. The Purchaser is to be allowed until May 20,2011 (the "R.equisition Date") to examine the
title to the Property at his own expense and to satisfY itself that there are no outstanding orders or
deficiency notices affecting the Property and that its present use may be lawfully continued. The
. Vendor hereby consents to governmental agencies releasing to Purchaser details of all outstanding
orders affecting the Property. The Vendor agrees to execute and-deIiver such further authorizations
in this regard. as Purchaser may reasonably require in this regard. '
6. PROVIDED the title is good and free from all registered restrictions, charges, liens and
encumbrances save and except for:
(a) any registered restrictions or covenants that run with the land, provided that such are
complied with;
(b) any municipal agreements and registered agreements With publicly regulated utilities,
providing such have been complied with or security has been posted to ensure
compliance and completion'as evidenced by letter from the relevant municipality or.
utility supplier; and
( c) any minor easement for the supply of domestic utility or telephone services to the
Property or adjacent properties. .
If on or before the Requisition Date any valid objection to title or to any outstanding work order or
deficiency notice and which the Vendor is unable or unwilling to remove, remedy or satisfy and
which Purchaser 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
with interest but without deduction by the Vendor to the Purchaser. Save as to any valid objection so
made by such day and except for any objection going to the root of the title, the Purchaser shall be
conclusively deemed to have accepted Vendor's title to the Property.
7;
(a)
This Agreement is conditional on the Purchaser, in the Purchaser's discretion, being
satisfied on or before the Requisition Date that the environmental condition of the
Property will not require remediation measures to be undertaken. to make it or ani
portiOn of it suitable as a cemetery or for use by members of the public as open space
accessible to members of the'public. This condition is for the sole benefit of the
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Purchaser and may be waived by the Purchaser giving the Vendol' written notice that
it has been waived. .
Forthwith after the execution of this Agreement, the Vendor shall deliver to the
Pw:chaser without cost to the Purchaser, all reports,....studies.. .or. written
communications that the Vendor has received from any person or has caused to be
prepared dealing with the environmental condition of either the Property. The Vendor
will pennit the Purchaser, its employees, contractors and agents to enter on the
Property to conduct such inspections or tests to determine the 'environmental
condition of the Property during regular business hours, provided that twenty-four
(24) hours written notice is given to the Vendor before such entry takes place.
8. The Purchaser shall be credited towards the Purchase Price with the amount, if any, which it
shall be necessary for the Purchaser to pay to the Minister of National Revenue in order to satisfy the
Purchaser's liability in respeCt of tax payable by the Vendor under the non-residency provisions of
ttJe Income Tax Act by reason ofthis sale. The Purchaser shall not claim such credit if the Vendor
delivers on completion the prescribed certificate or the statutory declaration stating that the Vendor is
not then a non-resident of Canada.
(b)
9. The Vendor shall deliver on the completion of this transaction additional evidence of
compliance of the transaction with the'Family Law Act, R.S.O. 1990,c.F3, as amended, as the
Purchaser, acting reasonably, may require.
10. Except as herein expressly provided, this Agreement shall e)ctend to and be binding upon an<l;
enure to the. benefit of the heirs, executors, administrators,.sur..cesso:ts..and.assigns..of.the.pames
, hereto.
11. THIS OFFER TO BE ACCEPTED BY THE Purchaser on or before May 18,2011,
otherwise it shall become null and void. This offer, when accepted, shall constitute a binding
contract of purchase and sale and time in alll'espect shall be the essence of this Agreement. It is
agreed that there is no representation, warranty, collateral agreement or condition affecting this
Agree~ent or the Property other than as expressed herein in writing.' .
12. rfthis transaction is subjeCt to Goods and Services Tax (G.S.T.) or Harmonized Sales Tax
(H.S. T) then such tax shall be paid in addition to the Purchase Price. The Purchaser hereby confirms
that the Purchaser is a registrant under the Excise Tax Act .(Canada), (Registration No.
1 06979800RTOOO 1). The Purchaser covenants to remit as required.by the Act any G.S.T. or H.S.T
payable in respect of the sale of the Property to the Purchaser and to inderonifythe Vendorinrespect ,
of any G.S.T. or H.S.T. so payable. The Purchaser is not required to remit to the Vendor G.ST. on
the Closing Date. This covenant shall survive and not merge on the completion of this transaction. .
13. If requested by Purchaser, Vendor will deliver any sketch or survey of the Property within
Vendor's control to Purchaser as soon as possible and priorto the Requisition Date. If a discharge of
any Charge/Mortgage held by a corporation incorporated pursuant to the Trust and Loan Companies
Act (Canada), Chartered Bank, Trost Company, Credit Union, Caisse Populaire or Insurance
Company and which is not to be assumed by Purchaser on completion, is not available in registrable
form on completion, Purchaser agrees to accept V endor's.lawyers personal undertaking to obtain, out
of the closing funds, a discharge in registrable form and to register same on title within a reasonable
period of time aftercomp1etion, provided that on or before completion Vendor shall provide to
. Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain
. the discharge, together with a direction executed by Vendor directing payment to the mortgagee of
the an10untrequired to obtain the discharge out ofthe balance due'on completion of this transaction.
14. The Property shall remain at the risk of the Vendor until the completion of this transaction.
15. This Agreement shall be effective to create an interest in the Property only if Vendor
complies with the .subdivision control provisions of the Planning Act by completion of this
transaction, and Vendor covenants to proceed'diligently at its expense to obtain any necessary
consent by prior to the completion of this transaction.
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16. A TransferIDeed for the Property shall, save for the Land Transfer Tax Affidavit, be prepared
in registrable foon at the expense of the Vendor.:If requested by the Purchaser, V cndor covenants
that the TransferlDeed to be delivered on completion shall contain the statements_contemp~ated by .
Section 50(22) of the Planning Act, R.S.O. 1990, c_P .13, as amended.
17. Where each of the Vendor and Purchaser retain a lawyer to complete this Agreement, and .
where the transaction will be completed by electronic registration pursuant to Part n of the Land
Registration Reform Act, R.s.O. 1990, Chapter L4 and the Electronic Registration Act, S,o. 1991,
Chap~r 44 and any amendments thereto, the Vendor and Purchaser acknowledge and agree that the
exchange of closing funds, non-registrab.le documents and other items (the ''Requisite Deliveries')
arid the release thereof to the Vendor and Purchaser win (a) not occur at the same time as the
registration ofllie transfer/deed (and any other documents intended to be registered in connection
with the completion ofthis transaction), and (b) be subject to conditions whereby the solicitor(s)
receiving any oftbe Requisite Deliveries "ill be required to hold same in trust and not release same
except in accordance with the teons of a documents registration agreement between the said
solicitors, the form of which is as r~ommended from time to time by the Law Society of Upper
Canada. Unless otherwise agreed to by the solicitors, such exchange of the Requisite Deliveries vl'ill
occur in the applicable Land Titles Office or'such other location agreeable to both solicitors.
1 g. On the closing of the tranSaction, the Vendor shall provide to the Purchaser, the Purchaser's
form of the fonowing documents:
a. Undertaking to Re-adjust
b. Section 116 oftheIncome Tax ActIFamily Law Act Affidavit
c. Declaration ofpossession'
d. Construction Lien Act affidavit
19. The Purchaser agrees to assume responsibility for any outstanding taxes and penalties as
. applicable to the property herein on the completion of this transaction.
20. The Purchaser agrees to remove.any debris or fill from the property, after closing, at its own
expense.
21. Time shall 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 Vendor and Purchaser oi: by their respective lawyers who are hereby specifically
authorized to do so.
22. If necessary for registration purposes, the Municipality shall prepare, at its expense, a plan of
s~~fur~Prope~. .
23. Ar.ry tender of documents or money may be ~de on the parties or their respective solicitors.
24. This Agreement shall be read with all changes of gender or number required by the context.
25. Any Notice required to be served by the Vendor upon the Purchaser pursuant to the
provisions of this Agreement shall be deemed to be good, valid and sufficient service upon the
Purchaser if served personally, mailed by pre-paid registered mail or sent by facsimile transmission
addressed to: .
Municipality of Clarington
40 Temperance Street
Bowmanvil1e, Ontario Ll C 3A6
Attention: David Crome, Director of Planning Services
Facsimile No. (905) 623-0830
and any notice' required to be served by the Purchaser upon the V endorpursuant to the provisions of
this Agreement shall be deemed to be good, valid and sufficient service upon the Vendor if served
personally, mailed by pre..paid registered mail or sent by facsimile transmission addressed to:
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290572 Ontario Limited
1200 Airport Blvd., Suite 201
Oshawa, Ontario
LlJ 8P5
or such other telefax number or address of which either party has notified the other party in writing.
Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under
the terms of this Agreement and iftelefaxed or delivered prior to 4:30 p.m. on any business day
(excluding Saturdays, Sundays and statutory holidays) shall be deemed to have been received. at the
time of delivery or transmission and if mailed by pre-paid reiistered mail, itshall be deemed to have
been received on the third business day (excluding Saturdays, Sundays and statutory holidays)
following the mailing thereof. 'Notwithstanding.the foregoing, in the event that it may be reasonably
anticipated that due to Force Majeure any notice wUI not be received. within the time limit set out
above, then such notice shall be sent by an ~temate means of transportation which it may reasonably
be anticipated will cause the notice to be received reasonably expeditiously by the addressee.
26. For the purposes of this Agreement, the term "Force Majeure" means any delay for the
duration of the delay which is imposed by r~on of strikes, lockouts, riots, wars or acts of military
authority, acts of public enemies., sabotage, epidemics, washouts, nuclear and radiation activity or
fallouts, rebellion or civil commotion. fire or explosion; flood, wind, water, earthquakes or other
casualty, or an Act of God and any act, omission or event whether of the kind herein enumerated or
otherwise not within the control of the parties none of which has been caused by the deliberate
default or act or omission by the parties and none of which has been avoidable by the exercise of
reasonaple effort or foresight by the parties.
DATED at Oshawa, Ontario this~y of April, 2011.
290572 Ontario Limited
PER: .
~~~.,
..s~ ~,-.-otJ "'c..t..-P..-t..oS(Q<.I'Cr
1 have the authority to bind the Corporation.
~
DATED at Bowmanville, Ontario this
day of May, 2011
THE CORPORATlOl'! OF TIlE
MUNICIPALITY OF CLARINGTON
Per:
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
We have the authority to bind the Corporation.
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