HomeMy WebLinkAbout99-177 MUNICIPALITY OF CLARINGTON
BY-LAW NO. 99-177
being a by-law to authorize the execution of the Minutes of
Settlement between the Corporation of the Municipality of
Clarington and Canadian Tire Real Estate Limited.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the corporation seal, the
Minutes of Settlement between Canadian Tire Real Estate Limited, and said
Corporation; and
2. THAT the Minutes of Settlement attached hereto as Schedule "A" form part of this
By-law.
By-law read a first and second time this 6th day of December 1999.
By-law read a third time and finally passed this 6th day of December 1999.
MAYOR
s
f
�I.
CLERK
Court File No. 98871/99
SUPERIOR COURT OF JUSTICE
BETWEEN:
CANADIAN TIRE REAL ESTATE LIMITED
Applicant
- and -
CORPORATION OF THE TOWN OF CLARINGTON
Respondent
IN THE MATTER of an application pursuant to Rule 14.05 of the Rules of Civil
Procedure and in the matter of lands described as Part Lot 15 and 16, Concession 1, Town
of Newcastle, Regional Municipality of Durham, described as Part 1 on Plan IOR-3733 and
Part 1 on Plan IOR-4058.
MINUTES OF SETTLEMENT
RECITALS:
1. Canadian Tire Real Estate Limited ("Canadian Tire") has brought the within
application for, inter alia, an Order requiring that the Corporation of the Municipality of
Clarington ("Clarington") return a payment of $150,000 made by Canadian Tire to
Clarington.
2. Canadian Tire has misnamed Clarington as the "Corporation of the Town of
Clarington" in the Title of Proceedings and acknowledges that the proceedings and these
Minutes of Settlement are properly made and binding as between Canadian Tire and
Clarington.
3. Canadian Tire and Clarington have agreed to settle the within application on
the terms and conditions set out herein.
2
IN CONSIDERATION of the respective covenants and agreements of the parties contained
herein and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties covenant and agree as follows:
1. Clarington will exchange the $150,000.00 paid to Clarington by Canadian Tire for a
letter of credit from Canadian Tire in the amount of$100,000 to be issued by a bank
listed in Schedule "I" of the Bank Act in favour of Clarington to be held as security
for the construction of a two lane access road on the northerly part of the planned
alignment of the extension easterly of Bowmanville Boulevard from Clarington
Boulevard to Street "G" as shown on Map "A" of the Bowmanville West Main
Central Area Secondary Plan ("access road") in accordance with these Minutes of
Settlement. The letter of credit is to be drawn upon only in accordance with these
Minutes of Settlement. The letter of credit shall contain terms and conditions
acceptable to Clarington's Treasurer acting reasonably.
2. The letter of credit shall be irrevocable and unconditional save only that it may make
reference to these Minutes of Settlement and shall not be renewable beyond
December 6, 2005. It shall be returned to Canadian Tire without deduction on
December 6, 2005 unless Clarington commences bona fide construction of the access
road before that date in accordance with these Minutes of Settlement, in which case
the letter of credit may be drawn upon to pay for or to defray part of the cost of
construction of the access road.
3. At any time prior to December 6, 2005 and before a plan of subdivision of lands
which include the southerly half of the planned extension of Bowmanville Boulevard
from Clarington Boulevard receives draft approval under the Planning Act, after first
3
consulting with Canadian Tire, Clarington's Director of Public Works acting
reasonably, for proper traffic safety reasons, may determine that the traffic at the
entrance/exit to the Canadian Tire site on Clarington Boulevard is such that the safety
of persons or property at that entrance/exit and/or at the intersection of Highway No.
2 and Clarington Boulevard necessitate the construction of the access road. Forthwith
after making such determination, the aforesaid Director shall give 60 days written
notice of his determination to Canadian Tire prior to any authorization of the
construction of the access road by Clarington.
4. (a) Notwithstanding paragraph 3 herein, if Clarington is not able to acquire title
to the land required for the access road on terms that are consistent with these
Principles of Settlement and are otherwise acceptable to Clarington,Clarington
shall not make any draw upon the letter of credit deposited with it by Canadian
Tire and shall return the letter of credit to Canadian Tire forthwith after any
decision not to acquire title to the necessary land.
(b) In the event that:
(1) Clarington has drawn upon the letter of credit to pay for or to defray
part of the cost of constructing the access road; and
(2) before the access road is constructed draft approval of a plan of
subdivision is given of lands which include the southerly half of the
planned extension of Bowmanville Boulevard from Clarington
Boulevard to Street"G";
4
then, on the day on which approval is given, Clarington's Director of Public
Works shall be deemed to have revoked the determination referred to in
paragraph 3 herein and Clarington shall forthwith pay to Canadian Tire an
amount of money equal to the amount drawn by Clarington from the letter of
credit as aforesaid and shall forthwith return the letter of credit to Canadian
Tire otherwise undrawn upon.
5. If before construction of the access road is authorized by Clarington as referred to in
paragraph 3 herein, Canadian Tire gives Clarington written notice that it wishes to
restore the southerly access from Clarington Boulevard to the parking area of its store
site, and if Canadian Tire proceeds to restore at its expense the southerly access in
accordance with Clarington's then policies and practices with reasonable expedition,
then forthwith after the completion of the restoration of the southerly access to the
store site from Clarington Boulevard to the Director's satisfaction acting reasonably,
the letter of credit shall be returned by Clarington to Canadian Tire undrawn upon.
6. In the event that:
(a) Clarington constructs the access road and draws upon the letter of credit to pay
for or to defray part of the cost of construction of it; and
(b) subsequent to the commencement of construction the owner of the lands which
include the southerly half of the planned alignment of the easterly extension
of Bowmanville Boulevard from Clarington Boulevard to Street"G" applies
for approval of a draft plan of subdivision of such lands,
5
then Clarington
(i) will impose a condition to the approval of the draft plan of subdivision, or
(ii) if it legally cannot impose such a condition Clarington will recommend and
use its best efforts to obtain the imposition by the approving authority of a
condition to the approval of the draft plan of subdivision
in either case requiring that the cost of constructing the access road in an amount not to
exceed$100,000.00 be paid by the subdividing owner to Canadian Tire prior to the approval
of the final plan of subdivision of such lands, provided that the imposition of such a
condition continues to be lawful at the time of approval of the draft plan of subdivision. If
Clarington imposes the condition, it will defend its imposition before the Ontario Municipal
Board and/or the Court if the appropriateness or the legality of the condition is called into
question before either of those bodies.
7. Written notice pursuant to these Minutes of Settlement shall be served upon or sent
by telefax to Canadian Tire at:
Canadian Tire Real Estate Limited
c/o Cassels Brock &Blackwell
Scotia Plaza, Suite 2100
40 King Street West
Toronto, ON M51-1 3C2
Attention: Mr. Stanley M. Makuch
Fax: (416) 860-6559
Clarington at:
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, ON L 1 C 3A6
6
Attention: Chief Administrative Officer
Fax: (905) 623-5717
The notice shall be effective on the date on which it is served on the party to which
it is addressed, or is sent by telefax to such party.
8. Canadian Tire will provide Clarington with a Full and Final Release which shall be
subject to these Minutes of Settlement.
9. These Minutes of Settlement may be signed in counterpart.
10. The parties shall execute a Consent to an Order dismissing the Application herein
without costs. The Consent of Canadian Tire shall be delivered to the solicitors for
Clarington to be held in escrow pending completion of the exchange referred to in
paragraph 1 herein, after which time the Consent shall be released from escrow and
the Order dismissing the action may be taken out.
IN WITNESS WHEREOF the parties have duly executed these Minutes of Settlement.
CASSELS BROCK & BLACKWELL
Date: December 1999 Per:
Solicitors for the Applicant
Canadian Tire Corporation Limited
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Date: December (0 1999 Per: s
Diane H- re- ayor
Date: December(G 1999 Per:, c/s
Patti rie - rk
Q:\FILES\9900172\DATNPLEADING\MINUT-2.SETt
1 A 03/12/99 12:50 TO-8*8156#1079*98680306 FROM-TOSHIBA TF 851 T-759 P.01/08 F-945
Cassels Brock & Blackwell
BARRISTERS 8 SOLICITORS.TRADE MARK AGENTS
Scotia Plaza, Suite 2100, 40 King Street West, Toronto, Canada M5H 3C2
Telephone (416) 869-5300 Fax(416) 360-8877
Lawyer#: 305
DATE: Friday, December 3, 1999 File #.: 8156-1079
TO: FAX # PHONE #
Dennis Hefferon 868-0306 360-3326
Please report any problems with the receipt of this transmission to Lorraine Wafters at(418)880-2933
NO. PAGES: • (including this page) ORIGINAL: wlll not follow
FROM: Stanley M. Makuch / (416) 869-5977 / Diroct Fax: (416) 860-6559 /
Email: smakuch@casselsbrock.com
U
This facsimile is privileged and may contain confidential information intsndad only for th,j person(s) named above. Any other distribution,
copying or disclosure is strictly prohibitea.If you have received this facsimile in error,pleaut notify us immediately by telephone and return the
original transmission to us by mail without making a copy.
CASSELS POULIOT DOUGLAS MACKIMMIL',NORIEGA
TORONTO MONTRtAI,VANCOWER CALGARY MEXICOC N
DEC 03 '99 11:35 501 PAGE.01
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Court File No. 98871/99
SUPERIOR COURT OF JUSTICE
BETWEEN:
CANADIAN TIRE REAL ESTATI,' LIMITED
App6eant
-and..
CORPORATION OF THE TOWN OF CLARINGTON
Respondent
IN THE MATTER of an application pursuant to Rule 14.05 of the Rules of Civil
.Procedwe and in the matter of lands described as Part Lot 15 and 16, Concession 1,Town
ofNewcastle,Regional Municipality of Dub described as Part 1 on Plan IOR-3733 and
Part 1 on Plan IOR-4058.
M WMES OF SETTLEMENT
RECITALS:
1. Canadian Tire Real Estate Limited("Canadian Tire')has brought the within
application for, inter d* an Order requiring that the Corporation of the Municipality of
Clarington ("Clarington") return a payment of $150,000 made by Canadian Tire to
Clarington.
2. Canadian Turc has misnamed Clarington as the "Corporation of the Town of
Clwdngton" in the Title of Proceedings and acknowledges that the proceedings and these
Minutes of Settlement are properly made and binding ;is between Canadian Tire and
Clarington.
3. Canadian Tire and Clarington have agreed to settle the within application on
the terms and conditions set out herein.
DEC 03 '99 11:35 501 PAGE.02
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I
UU_ U.S 11JU1J f k kUb1N:., HFI'LLbY IHUi3 alt, UW I SUD {U bSbLtbbb'rSlbilybbb �'.b4ib'J
2
IN CONSIDERATION of the respective covenants and agreements of the parties contained
herein and other good and valuable consideration, the receipt and sufficiency of which is
hereby ackaowledl ed,the parties covenant and agme as follows:
1. ClWington will e=hange the$150,000.00 paid to Clarington by Canadian Tire for a
letter of cmdit from Canadian Tire in the amount of$100,000 to be issued by a bank
listed in Schodulc"I" of the Bank Act in favour of Clarington to be held as seourity
for the construction of a two lane access road on the narthcrly part of the planned
alignment of the extension easterly of Bowr nanN ille Boulevard from Clarington
Boulevard to Street "G" as shown on Map "A" of the Bowmanville West Main
Central Area Secondary Plan ("access road") in accordance with these Minutes of
Settlement. The letter of credit is to be drawn upon only in accordance with these
Minutes of Settlement. The letter of credit shall contain terms and conditions
acceptable to Clarington's Treasurer acting reasonably.
2. The letter of credit shall be inevoeable and unconditional save only that it may make
reference to these Minutes of Settlement and :shall not be renewrable beyond
December 6, 2005. It shall be returned to Canadian Tire without deduction on
December 6,2005 unless Clarington commences bcaa fide construction of the access
road before that date in accordance with these Minutes of Settlement,in which case
the letter of credit may be drawn upon to pay fa.- or to defray part of the cost of
construction of the access road.
I At any time prior to December 6, 2005 and before a plan of subdivision of lands
which include the southerly half of the planned exwnsion ofBowrnanville Boulevard
fraam Clarington Boulevard receives draft approval under the Planning Act, after first
DEC 03 '99 11:36 501 PAGE.03
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3
consulting with Canadisa Tire, Clarington's Dimctar of Public 'Works acting
reasonably, for proper trafic safety reasons, may determine that the traffic at the
entrance/exit to the Can&lian Tire site on Clarington Boulevard is such that the safety
of per9ons or praperty at that entmncWWdr and/or at the intersection of Highway No.
2 and Clarington Boulevard necessitam the construction ofthe access road. Forthwith
after making such determination,the aforesaid Director shall give 60 days written
notice of his detmminadon to Canadian Tire prior to any authorizafm of the
construction of the access road by Clarington.
4. (a) Notwithstanding paragraph 3 herein, if Clarington is not able to acquire title
to the land required for the access road on terms that at consistent with these
Principles of Settlement and are otherwise acceptable to Clarington,Clarington
shall not make any draw upon the letter of credit deposited with it by Canadian
Tire and shall return the letter of credit to(:anadian Tire forthwith after any
decision not to acquire We to the necessary land.
(b) In the event that:
(1) Clarington has drawn upon the letter-of credit to pay for or to defray
Part of the coat of constructing the access road; and
(2) before the access.road is constructed draft approval of a plan of
subdivision is given of lands which :include the southerly half of the
planaed extension of $owmanville Boulevard from Clarington
Boulevard to Street"G";
DEC 03 '99 11:36 501 PAGE.04
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UtL i&S lyyy 11 s dG 1-k KUb 1 Ply HHHLt13Y 1 HUb 41b 43b8 0.3bb (U b ibt3 l�'1 ilbt{`lF3bb F'.tOb/b�
4
then, on the day on which approval is givea4 Clarington's Director of public
Works shall be deemed to have revoked the determination referred to in
paragraph 3 herein and Clarington shall forthwith pay to Canadian Tire an
amours of money equal to the amount drawn by Clarington from the letter of
credit as aforesaid and shall forthwith return the letter of edit to Canadian
Tire otherwise undrawn upon.
S. If before construction of the access road is authori2.ed by Clarington as referred to in
paragraph 3 herein, Canadian Tire gives Claringt+m written notice that it wishes to
restore the southerly access from Clarington Boulevard to the parking area of its store
site, and if Canadian Tire proceeds to restore at its expense the southerly access in
accordance with Clarington's then policies and promees with reasonable expedition,
then forthwith after the completion of the restoration of the southerly access to the
store site from Clarington Boulevard to the Director's satisfaction acting reasonably,
the letter of credit shall be returned by Clarington to Canadian Tire undrawn upon.
b. In the event that:
(a) Clarington constructs the access road and dnows upon the letter of credit to pay
for or to defray part of the cost of construction of it;and
(b) subsequent to the commencement of construction the owner of the lands which
include the southerly half of the planned alignment of the easterly extension
of Bowmanville Boulevard from Clarington.Boulevard to Street"G-applies
for approval of a draft plan of subdivision of such lands,
DEC 03 199 11:36 501 PAGE.05
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UtL b3 11iy7 11 s Ld h-k FCUb t Nb HPPLEbT I HUB 41b bbd WSeb 1U bJOUOba'731b#9S60 F'.b'P/b5
5
then Clarington
(i) will impose a condition to the approval of the draft plan of subdivision, or
(ii) if it legally cannot impose such a condition Clarington will recommend and
use its best efforts to obtain the imposition by the approving authority of a
condition to the approval of the draft plan of subdivision
in either case requiring that the cost of conetntcting rho access road in an amount not to
exceed$100,000.00 be paid by the subdividing owner to Canadian Tie prior to the approval
of the final plan of subdivision of such lands, provided that the imposition of such a
condition continues to be lawful at the time of approval of the draft plan of subdivision. if
Clarington imposes the condition,it will defend its unposi•don before the Ontario Municipal
Hoard and/or the Court if the appropriateness or the legality of the condition is called into
question before either of those bodies.
7. Written notice pursuant to these Minutes of Settlement shall be served upon or sent
by telefax to Canadian Tire at:
Canadian Tire Real estate Limited
c%Cassels Brock&Blackwell
Scotia Plaza,Suite 2100
40 King Street West
Toronto,ON)ASH 3C2
Attention:Mr. Stanley M.Makuch
Fax: (416) 860.6559
Clarington at:
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville,ON L1C 3A6
DEC 03 '99 11 36 501 PAGE.06
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6
Attention: Chiefndministrative Officer
Fax (905)623-5717
The notice shall be cffccdve an the clue on Which it is served on the parry to which
it is addressed, or is 3cnt by telefax to such party.
8. Canadian Tire will provide Clarington with a Full and Final Release which shall be
subject to these Minutes of Settlement.
9. These Minutes of Settlement may be signed in coimterpae.
10. The parties shall execute a Consent to an Order dlisrnissing the Application herein
without costs. The Consent of Canadian Tire shall be delivered to the solicitors for
Clarington to be held in escrow pending completion of the exchange referred to in
paragraph 1 ht3rein,after which time the Consent shall be released from escrow and
the Order dismissing the action may be taken out.
DEC 03 '99 11:36 501 PAGE.07
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UL(- U-5 1'J'J'J 11-_'s I W Nub L N:. HI'I'ALL v I HUkJ 41L, Ut.,U UJUD [U aSb{+4�b'l.ilbEi�lb1� r.b�ey
IN WITNESS WHMOF the parGias have duly executed these Minutes of Settlement.
CASSE OC LL
Date:D==ber �1999 Per:
So 3citom for the Applicant
Ca udian Tire Corpomtson Limited
THE CORPORATION OF THE
MMICIPALMY OF CIARINGTON
Date:Deccomber 1999 Per: c/s
Diane Hamra-Mayor
Date:Deccmber 1999 per: cis
Patti Benic- Clerk
¢U'II.ES1990Q1r�IDA -zsarc
DEC 03 199 11:37 501 PAGE.08
DEC 3 ' 99 11 :46 FP, POBINS APPLEBY TAUB TO 342#919056234169 P . 92i09
M-F,M_ORANDUM
CONFIDENTIAL
DATE: 3 December 1999
MEMO TO: Mayor Diane Hamre
and Members of Council
FROM: Dennis Hefferon
SUBJECT: Application to the Superior Court of Justice by Canadian Tire Real
Estate Limited Against the Municipality of Clarington:
Special Meeting of Council on December 6, 1999
l. I have had extensive discussions with Mr. Stan Makuch,the solicitor for Canadian Tire
in order to resolve the above Application by agreement of the parties. Attached are
Minutes of Settlement which have been approved by Canadian Tire. If they are approved
by you, the above Application will be dismissed without costs. It is urgent that this
matter be dealt with at your special meeting on December 6, 1999 in order to stop the
incurring of costs by both parties.
2. The substance of the proposed agreement is set out in paragraphs 1 to 6. These
paragraphs have been prepared by me in consultation with Tony Cannella and are
satisfactory to the Department of Public Works as protecting the Municipality's interests
in this matter.
3. 1 recommend that you approve the Minutes of Settlement and pass the necessary by-law
to authorize the Mayor and Clerk to execute the Minutes of Settlement on behalf of the
Municipality.
kORIG�"AL 1.t�i, T1
1bg �`Attachmen t s c. Mr. F. Wu Mr. S. Vokes
Mr.A.S. Cannellatg
A,
.�� qq \-7-7
DEC 3 ' 99 11 : 46 FP. POBIHS APPLEBY TAUB TO 342#1919056234169 P . 03i09
Court File No. 98871/99
SUPERIOR COURT OF JUSTICE
BETWEEN:
CANADIAN TIRE REAL ESTATE LIMITED
Applicant
-and -
CORPORATION OF THE TOWN OF CLARINGTON
Respondent
IN THE MATTER of an application pursuant to Rule 14.05 of the Rules of Civil
Procedure and in the matter of lands described as Part Lot 15 and 16, Concession 1, Town
of Newcastle,Regional Municipality of Durham,described as Part 1 on Plan IOR-3733 and
Part 1 on Plan IOR-4058.
MINUTES OF SETTLEMENT
RECITALS:
1. Canadian Tire Real Estate Limited("Canadian Tire")has brought the within
application for, inter alia, an Order requiring that the Corporation of the Municipality of
Clarington ("Clarington") return a payment of $150,000 made by Canadian Tire to
Clarington.
2. Canadian Tire has misnamed Clarington as the"Corporation of the Town of
Clarington" in the Title of proceedings and acknowledges that the proceedings and these
Minutes of Settlement are properly made and binding as between Canadian Tire and
Clarington.
3. Canadian Tire and Clarington have agreed to settle the within application on
the terms and conditions set out herein.
DEC 3 ' 99 11 : 47 FP, POBIHS APPLEBY TAUB TO 342#919 56234169 P . 04i09
2
IN CONSIDERATION of the respective covenants and agreements of the parties contained
herein and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties covenant and agree as follows:
I. Clarington will exchange the$150,000.00 paid to Clarington by Canadian Tire for a
letter of credit from Canadian Tire in the amount of$100,000 to be issued by a bank
listed in Schedule"I" of the Bank Act in favour of Clarington to be held as security
for the construction of a two lane access road on the northerly part of the planned
alignment of the extension easterly of Bowmanville Boulevard from Clarington
Boulevard to Street "G" as shown on Map "A" of the Bowmanville West Main
Central Area Secondary Plan("access road") in accordance with these Minutes of
Settlement. The letter of credit is to be drawn upon only in accordance with these
Minutes of Settlement. The letter of credit shall contain terms and conditions
acceptable to Clarington's Treasurer acting reasonably.
2. The letter of credit shall be irrevocable and unconditional save only that it may make
reference to these Minutes of Settlement and shall not be renewable beyond
December 6, 2005. It shall be returned to Canadian Tire without deduction on
December 6,2005 unless Clarington commences bona fide construction of the access
road before that date in accordance with these Minutes of Settlement, in which case
the letter of credit may be drawn upon to pay for or to defray part of the cost of
construction of the access road.
3. At any time prior to December 6, 2005 and before a plan of subdivision of lands
which include the southerly half of the planned extension of Bowmanville Boulevard
from Clarington Boulevard receives draft approval under the Planning Act, after first
DEC 399 11 : 47 FR ROBINS APPLEBY TAUB TO 3424919056234169 P . 05i09
consulting with Canadian Tire, Clarington's Director of Public Works acting
reasonably, for proper traffic safety reasons, may determine that the traffic at the
entrance/exit to the Canadian Tire site on Clarington Boulevard is such that the safety
of persons or property at that entrance/exit and/or at the intersection of Highway No.
2 and Clarington Boulevard necessitate the construction of the access road. Forthwith
after making such determination, the aforesaid Director shall give 60 days written
notice of his determination to Canadian Tire prior to any authorization of the
construction of the access road by Clarington_
4. (a) Notwithstanding paragraph 3 herein, if Clarington is not able to acquire title
to the land required for the access road on terms that are consistent with these
Principles of Settlement and are otherwise acceptable to Clarington,Clarington
shall not make any draw upon the letter of credit deposited with it by Canadian
Tire and shall return the letter of credit to Canadian Tire forthwith after any
decision not to acquire title to the necessary land.
(b) In the event that:
(1) Clarington has drawn upon the letter of credit to pay for or to defray
part of the cost of constructing the access road; and
(2) before the access road is constructed draft approval of a plan of
subdivision is given of lands which include the southerly half of the
planned extension of Bowmanville Boulevard from Clarington
Boulevard to Street"G";
DEC 3 ' 99 11 : 48 FP. POBINS APPLEBY TAUB TO 342##919956234169 P . 06/09
4
then, on the day on which approval is given, Clarington's Director of Public
Works shall be deemed to have revoked the determination referred to in
paragraph 3 herein and Clarington shall forthwith pay to Canadian Tire an
amount of money equal to the amount drawn by Clarington from the letter of
credit as aforesaid and shall forthwith return the letter of credit to Canadian
Tire otherwise undrawn upon.
5. If before construction of the access road is authorized by Clarington as referred to in
paragraph 3 herein, Canadian Tire gives Clarington written notice that it wishes to
restore the southerly access from Clarington Boulevard to the parking area of its store
site, and if Canadian Tire proceeds to restore at its expense the southerly access in
accordance with Clarington's then policies and practices with reasonable expedition,
then forthwith after the completion of the restoration of the southerly access to the
store site from Clarington Boulevard to the Director's satisfaction acting reasonably,
the letter of credit shall be returned by Clarington to Canadian Tire undrawn upon.
6. In the event that:
(a) Clarington constructs the access road and draws upon the letter of credit to pay
for or to defray part of the cost of construction of it; and
(b) subsequent to the commencement of construction the owner of the lands which
include the southerly half of the planned alignment of the easterly extension
of Bowmanville Boulevard from Clarington Boulevard to Street"G" applies
for approval of a draft plan of subdivision of such lands,
DEC 399 11 : 48 FR ROBINS APPLEBY TAUB T4 342#9190S6234169 P .07i09
then Clarington
(i) will impose a condition to the approval of the draft plan of subdivision, or
(ii) if it legally cannot impose such a condition Clarington will recommend and
use its best efforts to obtain the imposition by the approving authority of a
condition to the approval of the draft plan of subdivision
in either case requiring that the cost of constructing the access road in an amount not to
exceed$100,000.00 be paid by the subdividing owner to Canadian Tire prior to the approval
of the final plan of subdivision of such lands, provided that the imposition of such a
condition continues to be lawful at the time of approval of the draft plan of subdivision. If
Clarington imposes the condition, it will defend its imposition before the Ontario Municipal
Board and/or the Court if the appropriateness or the legality of the condition is called into
question before either of those bodies.
7. Written notice pursuant to these Minutes of Settlement shall be served upon or sent
by telefax to Canadian Tire at:
Canadian Tire Real Estate Limited
c/o Cassels Brock & Blackwell
Scotia Plaza, Suite 2100
40 King Street West
Toronto, ON M5H 3C2
Attention: Mr. Stanley M. Makuch
Fax: (416) 860-6559
Clarington at:
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
DCC 3' 99 11 : 49 FP, POBINS APPLEBY TAIJB TO 3424919056234169 P . 08/09
6
Attention: Chief Administrative Officer
Fax: (905) 623-5717
The notice shall be effective on the date on which it is served on the party to which
it is addressed, or is sent by telefax to such party.
8. Canadian Tire will provide Clarington with a Full and Final Release which shall be
subject to these Minutes of Settlement.
9. These Minutes of Settlement may be signed in counterpart.
10. The parties shall execute a Consent to an Order dismissing the Application herein
without costs. The Consent of Canadian Tire shall be delivered to the solicitors for
Clarington to be held in escrow pending completion of the exchange referred to in
paragraph 1 herein, after which time the Consent shall be released from escrow and
the Order dismissing the action may be taken out.
D'E`C 3 ' 99 11 : 49 FP, POBINS APPLEBY TAUB TO 342#1919056234169 P . 09i09
e
7
IN WITNESS WHEREOF the parties have duly executed these Minutes of Settlement.
CASSELS BROCK& BLACKWELL
Date: December 1999 Per:
Solicitors for the Applicant
Canadian Tire Corporation Limited
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Date: December 1999 Per: c/s
Diane Hamre- Mayor
Date: December 1999 Per: c/s
Patti Berrie - Clerk
Q;\FILES\9M 1721DATTLEADINGIMINUT-2.SE D
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