HomeMy WebLinkAboutPSD-075-11 lay
Leading the Way REPORT
PLANNING VI
Meeting: GENERAL PURPOSE AND ADMINSTRATION COMMITTEE
Date: September 12, 2011 Resolution#: By-law #: N/A
Report #: PSD-075-11 File #: RE 6.1.4
Subject: WATERFRONT LAND ACQUISITION
43 WEST BEACH ROAD, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-075-11 be received;
2. THAT the property identified as 43 West Beach Road, Bowmanville, Ontario and being
more particularly described as Lot 26 and Part Lot 27, Plan 150, in the Municipality of
Clarington, Regional Municipality of Durham, for the purchase price of Two Hundred
and Sixty Five Thousand ($265,000.00) Dollars, subject to adjustments;
3. THAT the funds for the purchase, and any associated costs, be charged to account
number 110-50-130-850002-7401 Land Acquisition Account;
4. THAT Mayor and the Clerk, on behalf of the Municipality, be authorized to execute an
Agreement to acquire the property;
5. THAT Staff be directed to take all necessary actions to complete the transaction; and
6. THAT all interested parties listed in Report PSD-075-11 be notified of Council's decision
Submitted by: Reviewed by: _..
Da id . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
25 August 2011
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830
REPORT NO.: PSD-075-11 PAGE 2
1. BACKGROUND
1.1 In 2000 the Municipality completed a Land Acquisition Strategy which was adopted by
Council to provide a phased approach to the acquisition of land for a variety of public
uses. The Strategy was intended to serve as a guide for land acquisition in accordance
with the policies of the Clarington Official Plan. In February 2007 an update to the Land
Acquisition Study and Financial Analysis was completed and adopted by Council. The
property located at 43 West Beach Road, Bowmanville (Attachment 1) was identified in
both studies as a priority waterfront acquisition.
1.2 The Municipality has been purchasing land along West Beach Road since the early
1990s for the purpose of providing public access to the waterfront. Twelve parcels have
been purchased in addition to the recently acquired Port Darlington Harbour Company
lands. Lands that are adjacent to parcels already owned by the Municipality are
considered the first priority for acquisition.
1.3 43 West Beach Road has 29 feet of frontage, a depth of 386.8 feet, and a total lot area
of 0.15 acres. It is improved with a frame dwelling unit and has waterfront access. The
lot is immediately east of vacant land currently owned by the Municipality and two lots
west of the former Port Darlington Harbour Company lands.
1.4 The owners have contacted staff on several occasions over the years with the intent to
sell. In February of 2009 Ryan Realty Services Ltd. completed an appraisal report on
the property and its fair market value was determined to be $260,000.00. The Owners
were firm in their asking price of$320,000.00 in 2009, therefore, staff could not
recommend to Council that the property be purchased.
1.5 Recently the property owners reopened negotiations and agreed to a price of
$265,000.00. The real estate market has not changed significantly in the past two
years, the current offer is considered to be reasonable.
2. CONCURRENCE: The Director of Finance has reviewed this potential acquisition and
has confirmed that funding is available.
3. CONCLUSION
3.1 The property has been identified for acquisition in the Land Acquisition Strategy and is
adjacent to lands that the Municipality owns. It is identified as one of several parcels
required for the full development of the West Beach District Park.
3.2 This property may be sold on the open market if it is not acquired by the Municipality
which could result in property improvements that would increase its value and future
purchase price. It is recommended that the property be purchased now as the owners
are willing to sell at the appraised fair market value.
REPORT NO.: PSD-075-11 PAGE 3
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
Promoting economic development
Maintaining financial stability
Connecting Clarington
Promoting green initiatives
X Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Isabel Little, Planner
Attachments:
Attachment 1 — Key Map
Attachment 2 — Signed Offer to Sell
List of interested parties to be notified of Council's decision:
Joanne Cover
Cecilia Hanif
Attachment 1
To Report PSD-075-11
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Attachment 2
To Report PSD-075-11
OFFER-TO SELL
The undersigned,Joanne Elizabeth Cover and Cecilia Hanif(the"Vendor"),hereby agrees to and
with THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON(the"Purchaser"),to
sell the property known as Lot 26,Plan 150,Pt Lot 27,Plan 150,as in NL123378 sh N132203,
D504158 t/w N•123378, Municipality of Clarington, Regional Municipality of Durham (the
"Property"), for the purchase price of TWO HUNDRED AND SIXTY FIVE THOUSAND
DOLLARS----($265,000.00)(the"Purchase Price"),subject to adjustments.
ADDITIONALLY,the Purchaser agrees with the Vendor to the following terms and conditions:
1. This transaction is to be completed no later than 5:00 p.m. on .
October 27, 2011, (the"Closing Date"), which date may be extended or amended by written
agreement of the solicitors for the parties,and.on which date vacant possession of the Property is to
be 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 party 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 ureaformaldehyde. This
warranty shall survive and-not merge on the completion of this transaction.
4. Except as provided 1m; paragraph 6 hereof,the Vendor shall discharge all encumbrances '
and restrictions registered against title to the Property at its expense on or before the completion
of this transaction.
5. The Purchaser is to be allowed until_October 14,2011(the"Requisition Date's 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 deliver 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 toanyvalid 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 any
portion of it suitable for use by 4iembers of the public as open space accessible to
members of the public.This condition is for the sole benefit of the Purchaser and
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may be waived by the Purchaser giving the Vendor written notice that it has been
waived.
(b) Forthwith after the execution of this Agreement, the Vendor shall deliver to the
Purchaser 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 permit 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
the Income Tax Act by reason of this 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.
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.173, as amended, as the
Purchaser,acting reasonably,may require.
10. Except as herein expressly provided,this Agreement shall extend to and be binding upon and
enure to the,benefit of the heirs,executors,administrators,successors and assigns of the parties
hereto.
11. THIS OFFER TO BE ACCEPTED BY THE Purchaser on or before Oct 4,2011,otherwise it
shall become null and void. This offer, when accepted, shall constitute a binding contract of
purchase and sale and time in all respect shall be the essence of this Agreement. It is agreed that
there is no representation,warranty,collateral agreement or condition affecting this Agreement or the
Property other than as expressed herein in writing.
12. If this 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.
106979800RT0001).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 indemnify the Vendor in respect
of any G.S.T.or H.S.T.so payable.The Purchaser is not required to remit to the Vendor G.S.T.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 prior to 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, Trust Company, Credit Union, Caisse Populaire or Insurance
Company and which is not to be assumed by Purchaser on completion,is not available inregistrable
form on completion,Purchaser agrees to accept Vendor'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 after completion,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 amount required to obtain the discharge out of the 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. The Vendor covenants that the Property will be in a clean condition immediately prior to the
completion of this transaction.This covenant shall survive and not merge on the completion of this
transaction.
16. This Agreement shall be affective to create an interest in the Property only if Vendor
complies with the subdivision control provisions of the Planning Act by completion of this
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transaction, and Vendor covenants to proceed diligently at her expense to obtain any necessary
consent by prior to the completion of this transaction.
17. A Transfer/Deed for the Property shall,save for the Land Transfer Tax Affidavit,be prepared
in.registrable form at the expense of the Vendor. If requested by the Purchaser,Vendor covenants
that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by
Section 50(22)of the Planning Act,R.M.1990,c.P.13,as amended.
18. Where each of the Vendor and Purchaser ietain a lawyer to complete this Agreement,and
where the transaction will be completed by electronic registration pursuant.to Part II of the Land
Registration Reform Act,R.S.O.1990,Chapter 1,4 and the Electronic Registration Act,5.0.1991,
Chapter 44 and any amendments thereto,the Vendor and Purchaser acknowledge and agree that the
exchange of closing funds,non-registrable documents and other items(the"Requisite Deliveries')
and the release thereof to the Vendor and Purchaser will (a)not occur at the same time as the
registration of the transfer/deed(and any other documents intended to be registered in connection
with the completion of this transaction),and(b)be subject to conditions whereby the solicitor(s)
receiving any of the Requisite Deliveries will be requiredto hold same in trust and not release same
except in accordance with the terms of a documents registration agreement between the said
solicitors,the form of which is as recommended from time to time by the Law Society of Upper
Canada.Unless otherwise agreed to by the solicitors,such exchange of the Requisite Deliveries will
occur in the applicable Land Titles Office or such other location agreeable to both solicitors.
19. On the closing of the transaction,the Vendor shall provide to the Purchaser,the Purchaser's
form of the following documents:
a, Undertaking to Re-adjust
b. Section 116 of the Income Tax Act/Family Law Act Affidavit
C. Declaration of Possession
d. Construction Lien Act affidavit
20. Any rents,mortgage interest, and unmetered public or private utility charges and unmetered
cost of fuel,as applicable,shall be apportioned-and allowed to the day of completion,the day of
completion.itself to be apportioned to the Purchaser. Realty Taxes including local improvement
rates shall e adjusted based on area of parcels sold and retained.
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 or 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,aplan of
survey for the Property.
23. Any tender of documents or money may bvmade 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
Bowmanville,Ontario L1C 3A6
Attention:David Crome,Director of Planning Services
Facsimile No.(905)623-.0836
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and any notice required to be served by the Purchaser upon the Vendor pursuant 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:
Joanne Elizabeth Cover and Cecilia Hanif
8115 Woodline Street
Niagara Falls,ON
L2H 1C8
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 if telefaxed 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 registered mail,it shall 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 will not be received within the time limit set out
above,then such notice shall be sent by an alternate 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 reason 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.'
reasonable effort or foresight by the parties.
DATED at h/3 F� „ Ontario this day of 12011.
JoanA ee Elizabeth Cover
^ IL
Cecilia Hanif
DATED at Bowmanville,Ontario this day of 2011
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Per:
Adrian Foster,Mayor
Patti L.Barrie,Municipal Clerk
We have the authority to bind the Corporation