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HomeMy WebLinkAbout03/01/1999 ;iu NICIPAUTY OF Q9�®n ONTARIO GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: MARCH 1, 1999 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1 . ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of February 15, 1999 301 4. PRESENTATION (a) George Dark, Urban Strategies Inc., 257 Adelaide Street West, Toronto, M5H 1 X9 — Report PD-21-99 5. DELEGATIONS (a) Bob Martindale, Clarington Place, 23 Elizabeth Street, Ajax L1 T 2X 1 — Report PD-21-99 (b) Bryce Jordan, G.M. Sernas Limited, 110 Scotia Court Unit 41, Whitby, L1 N 8Y7 — Report PD-21-99 6. PLANNING AND DEVELOPMENT DEPARTMENT (a) PD-21-99 - Urban Design Guidelines for the Bowmanville West Main Central Area and the Bowmanville West Gateway Part Lots 15 to 17, Concessions 1 and 2 Former Township of Darlington 601 (b) PD-22-99 - Removal of Holding Symbol — Bob Best on behalf of Sandford Acres (1987) Ltd. Part Lot 33, and Part of the Road Allowance between Lots 32 and 33 Concession 2, Former Township of Darlington 626 7. CLERK'S DEPARTMENT No Reports i CORPORATION OF THE MUNICIPALITY OF CLARINGTON w 40 TEMPERANCE STREET • BOWMANVILLE -ONTARIO • LIC 3A6 • (905) 623-3379 • FAX 623-4169 RECYCLED PAF G.P.& A. Agenda . 2 - March 1, 1999 8. TREASURY DEPARTMENT (a) TR-8-99 - Mayor and Councillors' Remuneration and Expenses for 1998 801 9. FIRE DEPARTMENT No Reports 10. COMMUNITY SERVICES DEPARTMENT No Reports i 11. PUBLIC WORKS DEPARTMENT (a) WD-12-99 - Monthly Report of Building Permit Activity for January, 1999 1 101 (b) WD-13-99 - Traffic Safety on Orono Street 1109 12. ADMINISTRATION ' (a) ADMIN-7-99 - Marketing, Tourism and Economic Development Office Status Report 1201 (b) ADMIN-3-99 - Clarington Beech Centre Lease 26 Beech Avenue, Bowmanville 1212 i 13. UNFINISHED BUSINESS i 14. OTHER BUSINESS 15. ADJOURNMENT i I i i i THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee February 15, 1999 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, February 15, 1999 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Acting Mayor M.Novak Councillor J. Mutton Councillor J. Rowe Councillor J. Schell Councillor C.Trim Councillor T.Young Absent: Mayor D. Hamre(on vacation) Also Present: Chief Administrative Officer,F. Wu Director of Community Services,J.Caruana Acting Director of Planning and Development,D.Crome Treasurer, M. Marano Director of Public Works, S.Vokes Divisional Fire Chief,G.Weir Deputy Clerk,M. Knight Stanley i Acting Mayor Novak chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest. MINUTES I Resolution#GPA-74-99 Moved by Councillor Rowe,seconded by Councillor Schell THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on February 1, 1999,be approved. i "CARRIED" 301 G.P. &A. Minutes -2 - February 15, 1999 DELEGATIONS (a) Rev. Frank Lockhart,Chair of Valleys 2000, Box 362,Bowmanville L1C 3L1—was advised prior to the meeting that,at the request of the Acting Director of Planning and Development,Report PD-19-99 would be withdrawn from the agenda. PLANNING AND DEVELOPMENT DEPARTMENT Committee of Resolution#GPA-75-99 Adjustment January 28, 1999 Moved by Councillor Schell,seconded b Councillor D13.CO Y or Mutton THAT Report PD-18-99 be received; THAT Council concur with decisions of the Committee of Adjustment made on January 28, 1999 for Applications A98/043, A98/044 and A98/059; and THAT staff be authorized to appear before the Ontario Municipal Board to defend the decision of the Committee of Adjustment for Applications A98/043,A98/044 and A98/059, in the event of an appeal. "CARRIED" Understanding Memorandum dated February 12, 1999, from the Acting Director of Planning and between Clarington Development to Members of Council requesting that Report PD-19-99 be and Valleys 2000 withdrawn from the agenda,was circulated at the meeting. i Resolution#GPA-76-99 i Moved by Councillor Trim,seconded by Councillor Mutton THAT Report PD-19-99 be withdrawn from the agenda. "CARRIED" Ontario 2000 Resolution#GPA-77-99 Main Street Ontario Funding Moved by Councillor Schell,seconded by Councillor Rowe Program THAT Report PD-20-99 be received; THAT the recommended allocation of the Main Street Ontario Funds be approved; THAT a copy of Report PD-20-99 be forwarded to Valley 2000, Bowmanville Business Centre,Newcastle Village BIA,Orono BIA and that they be requested to notify the Municipality by April 1, 1999 of any proposals that would qualify under Main Street Ontario Program; i THAT in the event that any BIA does not wish to participate,that its share be split proportionately with the other BIA's and Valley 2000 or as otherwise agreed to by the remaining parties; and 302 G.P. &A. Minutes -3 - February 15. 1999 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D THAT Valleys 2000 and all the BIA's be sent a copy of Report PD-20-99 and notified of Council's decision on the matter. "CARRIED" CLERK'S DEPARTMENT Councillor Trim chaired this portion of the meeting. Mark Stewart Resolution#GPA-78-99 Animal Licensing Service Inc. Moved by Councillor Rowe,seconded by Councillor Mutton Agreement L04.GE THAT Report CD-9-99 be received; P14.GE THAT Animal Licensing Service Inc.,be given the exclusive rights to sell door to door licenses in the Municipality of Clarington for the year 1999 commencing on March 1, 1999 until October 30, 1999 and subject to review by Council at the end of the year; THAT the agreement be executed by the Mayor and Municipal Clerk and the authorizing By-law be forwarded to Council for approval; and THAT Mark Stewart,Animal Licensing Services Inc., be advised of Council's decision. "CARRIED" Parking Resolution#GPA-79-99 Enforcement Report for Moved by Councillor Novak,seconded by Councillor Schell January 1999 T02.GE THAT Report CD-10-99 be received for information;and THAT a copy of Report CD-10-99 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" Animal Services Resolution#GPA-80-99 Monthly Report January, 1999 Moved by Councillor Schell,seconded by Councillor Rowe P14.MO THAT Report CD-11-99 be received for information;and THAT a copy of Report CD-11-99 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED" 303 G.P.&A. Minutes -4- February 15, 1999 Councillor Schell chaired this portion of the meeting. Monthly Fire Resolution#GPA-81-99 Report January 1999 Moved by Councillor Mutton,seconded by Councillor Rowe CI1.FD THAT Report FD-5-99 be received for information. "CARRIED" Councillor Rowe chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT Orono Arena Resolution#GPA-82-99 Expansion Project Moved by Councillor Mutton,seconded by Councillor Trim R05.GE F11.GE THAT Report CS-4-99 be received; THAT Council endorse the Orono Arena Expansion Project, subject to receipt of approval from the Durham Central Agricultural Society; THAT Council approve an interest free loan,to an upset limit of one hundred and twenty five-thousand dollars($125,000), to be drawn on as required by the Orono Amateur Athletic Association; i THAT a letter of intent for repayment of the loan in five annual installments of twenty-five thousand dollars($25,000)each with the first payment due December 31,2000; December 31,2003;and the final payment due December 31,2004 be received; THAT the required funds be drawn from the Impact/Escrow Reserve Fund Account#I 110-196-X; THAT the tendering process be administered by the Municipality of Clarington in conjunction with the Orono Arena Board and the Orono Amateur Athletic Association; and THAT the Durham Central Agricultural Society,the Orono Amateur Athletic Association and the Orono Arena Board be advised of action taken. "CARRIED" 304 G.P. &A.Minutes - 5 - February 15, 1999 Councillor Young chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT Scugog Estates Resolution#GPA-83-99 Subdivision D12.CE Moved by Councillor Novak,seconded by Councillor Rowe THAT Report WD-7-99 be received; THAT the Director of Public Works be authorized to issue a `Certificate of Acceptance' for the Final Works,which include final stage roads and other related Works,constructed within Plan 40M-1764; and THAT Council approve the by-law attached to Report WD-7-99,assuming the streets within Plan 40M-1764 as Public Highways. "CARRIED" McFeeters Resolution#GPA-84-99 Crescent Extension Moved by Councillor Schell,seconded by Councillor Mutton Subdivision D12.CE THAT Report WD-8-99 be received; THAT the Director of Public Works be authorized to issue a`Certificate of Acceptance' for the Road Works,which include final stage roads and other related Works,constructed within Plans 40R-13850 and 40R-14116; and THAT Council approve the by-law attached to Report WD-8-99,assuming the streets within Plans 40R-13850 and 40R-14116 as Public Highways. "CARRIED" Courtice Mill 2 Resolution#GPA-85-99 Subdivision i D12.CE Moved by Councillor Novak,seconded by Councillor Trim i THAT Report WD-9-99 be received;and THAT the Director of Public Works be authorized to issue a`Certificate of Acceptance' for the Final Works constructed within Plan 40M-1763. "CARRIED" Oak Ridges Resolution#GPA-86-99 Trail Association D02.OA Moved by Councillor Rowe,seconded by Councillor Mutton THAT Report WD-10-99 be received; THAT the Oak Ridges Trail Association(ORTA)be granted approval,in principle, to use specified road allowances within the former Township of Clarke,to extend the Oak Ridges Moraine Trail,subject to ORTA fulfilling all conditions,as specified in Attachment No.2,to the satisfaction of the Director of Public Works; 305 G.P. & A. Minutes -6- February 15, 1999 PUBLIC WORKS DEPARTMENT CONT'D THAT the Townships of Manvers and Hope be provided with a copy of Report WD-10-99 and advised of Council's decision; THAT the Mayor and Clerk be authorized to execute the proposed by-law authorizing use of the specified unopened road allowances when all conditions have been fulfilled to the satisfaction of the Director of Public Works; and THAT Mr. Roy Forrester,ORTA Chair,Clarington Chapter,be advised of Council's decision. "CARRIED" Road Watch Resolution#GPA-87-99 Program T07.SI Moved by Councillor Schell,seconded by Councillor Novak P15.GE THAT Report WD-11-99 be received; THAT Council endorse the Road Watch Program and thank the Clarington Healthy Communities Committee for assisting in the formation of a Road Watch Committee; THAT Council approve funds in the amount of$5,000.00 to be added to the Public Works traffic budget Account No.7211-00421-0000 to fund the initial purchase and installation of approximately 50 Road Watch signs at various locations on Regional and Municipal roadways; THAT staff request Mati Holland,Co-ordinator,Community Road Safety Programs, Ministry of Transportation to contribute a similar amount to help start the program; and i � THAT a letter be included in the next tax bill or general mailing advising residents of general traffic safety concerns,the existing Radar Message Board Program and proposed creation of a Road Watch Program seeking volunteer committee members or comments. i "CARRIED" Acting Mayor Novak chaired this portion of the meeting. ADMINISTRATION Confidential Resolution#GPA-88-99 Report ADMIN-4-99 Moved by Councillor Mutton,seconded by Councillor Schell THAT the recommendations contained in Confidential Report ADMIN-4-99 pertaining to a personnel matter be approved. "CARRIED" UNFINISHED BUSINESS There were no items considered under this section of the agenda. 306 G.P. &A. Minutes - 7- February 15, 1999 OTHER BUSINESS There were no items considered under this section of the agenda. ADJOURNMENT Resolution#GPA-89-99 Moved by Councillor Young,seconded by Councillor Rowe THAT the meeting adjourn at 10:00 a.m. "CARRIED" MAYOR DEPUTY CLERK li i 3 'i7 DN: PD-21-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, March 1, 1999 Res. # Report#: PD-21-99 FILE #: PLN 31.6.1 By-law Subject: URBAN DESIGN GUIDELINES FOR THE BOWMANVILLE WEST MAIN CENTRAL AREA AND THE BOWMANVILLE WEST GATEWAY PART LOTS 15 TO 17, CONCESSIONS 1 & 2, FORMER TWP. OF DARLINGTON FILE NO.: PLN 31.6.1 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-21-99 be received; 2. THAT the document "A Framework for Development: Urban Design Principles and Guidelines for the Bowmanville West Main Central Area and the West Bowmanville Gateway" as prepared by Urban Strategies Inc. be received; 3. THAT Staff be authorized FORTHWITH to hold a Public Meeting to consider an amendment to the Clarington Official Plan as proposed in Attachment#3; 5. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1.1 On December 13, 1993, Council adopted Urban Design Guidelines for the Bowmanville West Main Central Area. These Guidelines provide for a visual interpretation of proposed development in the Bowmanville West Main Central Area and provide evaluation criteria for assessing development proposals. 601 PD-21-99 PAGE 2 1 .2 Through Reports PD-071-98 and PD-112-98, Staff identified the inter- relationships of development applications in the Bowmanville West Main Central Area and the West Bowmanville Gateway (see Attachment #1). This is based on applications submitted by 800769 Ontario Limited and by Green Martin Developments Limited/Green Martin Properties Limited on the north side of Highway 2 at Green Road. These Staff reports noted that a comprehensive review of the transportation system and the preparation of urban design guidelines encompassing both commercial areas is appropriate. and was being commenced. 1.3 In July 1998, the Municipality retained Urban Strategies Inc. (formerly Berridge Lewinberg Greenberg) and Totten Sims Hubicki to prepare new urban design guidelines and undertake a transportation review of the BWMCA and the WBG. Both consultants were previously involved in the preparation of the existing urban design guidelines for the BWMCA. 1.4 Meetings were held with the two contributing landowners, the Region of Durham Planning Department and Works Department, Public Works and Planning Staff and the consultants in August to commence the study. Through the fall, additional meetings were held with Planning and Public Works Staff, the Fire Chief, the Director of Community Services, the landowners and Regional Works representatives to work through various issues and discuss a preliminary draft of the urban design guidelines. 2. PLANNING APPLICATIONS 2.1 800769 Ontario Limited 800769 Ontario Limited has acquired approximately 4.2 hectares of land at the northeast corner of Highway 2 and Green Road, which is currently designated "Medium Density Residential" and "High Density Residential". The owner had originally submitted an official plan amendment application in 1997 to permit 602 PD-21-99 PAGE 3 entertainment commercial uses on the property. The application has since been revised to request a retail commercial designation. The Official Plan provides for a long-term assignment of floorspace density to Retail Commercial lands in the BWMCA but allows for only a gradual release of floorspace development rights through rezoning which must coincide with population thresholds. This "threshold" mechanism serves to protect the vitality of the pre-existing East Main Central Area including the Downtown. The application proposes to "spread-out' the long-term assignment of floorspace density from the lands on Clarington Boulevard over a larger parcel (ie. reducing the retail density from 0.5 floorspace index (fsi) to 0.25 fsi). However, as there is currently no additional retail floorspace available for allocation to new commercial development, the rezoning cannot be undertaken for the lands at this time. Additional retail commercial floorspace can only be allocated once the population in Clarington has reached 78,000 �I persons. The consideration of this application requires that the Urban Design Guidelines be updated. 2.2 Green Martin Developments Limited and Green Martin Properties Limited (The Kaitlin Group Limited) The Kaitlin Group Limited have submitted subdivision and rezoning applications for highway commercial development and a visitor information centre within the limits of the Special Policy Area "H". The Official Plan permits the development of facilities that consume larger parcels of land, require exposure to traffic and may require outdoor storage and display of goods. The provisions of Special Policy Area "H" specifically state that: 603 PD-21-99 PAGE 4 • no service stations or motor vehicle service establishments shall be are permitted; • prior to any development, the proponent shall enter into an agreement with the Municipality to construct a tourist information centre, no less than 0.5 ha in size at a location and design satisfactory the Municipality. In addition, said centre and lands shall be conveyed to the Municipality for a nominal fee; and • the lands shall be subject to urban design guidelines to be prepared and approved by the Municipality. The applicant wishes to develop a 25,000 ft2 Millwork building supply centre with an additional 50,000 ft2 of outdoor supply storage. Future development phases would include a limited number of restaurants and a car dealership. 3. TRAFFIC STUDY 3.1 Totten Sims Hubicki assessed the transportation impacts of the proposed land use changes in the West Main Central Area and development of the Gateway Area. The Official Plan policies for the West Main Central Area are based on a connective grid system of roads. The current study continues to support the grid network and maintains that components of the internal road network be completed corresponding to, or in advance of, land development so that a good level of transportation is maintained in the area. 3.2 Existing or base traffic conditions and trip generation information was obtained for the study area through traffic counts conducted on both a Saturday and weekday afternoon at key intersections. This provided weekday p.m. peak hour and Saturday peak hour turning movement volumes for the existing developments. Based on the counts taken in November 1998, the operation of existing signalized intersections on Highway 2 was determined. The Regional Road 57 intersection operates at a good level of service but the Clarington Blvd intersection is considered to operate at capacity during the Saturday peak. This level of service is shifting some of the westbound left turn movements to the 604 PD-21-99 PAGE 5 Highway 2/Green Road intersection. The consultant suggests that this indicates that access to the existing development south of Highway 2 is reaching critical levels. 3.3 The study confirmed that east — west collector roads, parallel to Highway 2, were necessary. On the north side, this collector road would extend from Regional Road 57 to the future Boswell Drive extension. The proposal re- introduces a collector road concept originally contained in the Secondary Plan for the West Main Central Area. The original plan provided for a collector road in the road allowance between Concession 1 and Concession 2 from Regional Road 57 to a collector at the west limits of the urban area (Boswell Drive extension). In preparing the new Official Plan, it was requested that the lands north of the existing Community Park be designated for Community Park to allow for future expansion of the facility. Without the benefit of a traffic study, the section of collector road between Regional Road 57 and Clarington Boulevard was eliminated. The need for this road section was further aggravated by the designation of additional commercial uses in the Bowmanville Gateway Area. 3.4 The new alignment for Uptown Avenue will connect the Durham Regional Police Station, the Rickard Complex, the Fire Hall, the baseball diamonds, the theatre and future commercial development to a secondary municipal road allowing the grid network to function effectively. Different alignment alternatives were considered for the road as it traverses the existing and proposed expanded Community Park. Following discussions involving the Public Works Department, the Planning Department, the Fire Department and the Community Services Department, the alignment contained in Attachment #2 was selected as best satisfying the referenced objectives, while having the least negative impact. The Community Services Department has expressed concerns with the portion of the road traversing the Community Park but it is 605 PD-21-99 PAGE 6 recognized by all Departments that this link is critical to the transportation system. 3.5 The design of the selected alignment achieves the referenced long-term transportation objectives, while, in the short-term, not impacting on the existing baseball diamonds, and permitting development of the proposed skateboard facility. Furthermore, it provides a more defined entrance to the Community Park and Rickard complex from the west. The road has a curvilinear design and is to be well treed, providing a parkway setting intended to reinforce its function as an access to recreational facilities. An official plan amendment is required to introduce this section of road between Clarington Boulevard and Regional Road 57 in the Clarington Official Plan. 3.6 Traffic forecasts-for the year 2016 were calculated utilizing background traffic; trip generation from proposed developments and trip distribution to the adjacent road system. The analysis of the total traffic for the area noted that the arterial to arterial intersections would operate at capacity. The Highway 2/ Clarington Boulevard intersection will approach capacity, and the Highway 2/ Boswell Drive intersections will operate at a good level of service. The consultant suggests that capacity conditions at the major arterial intersections and Clarington Boulevard are reflective of the "downtown" urban environment that has been planned for the area; however, the grid road system, and hierarchy provide flexibility and balance volume demands on various routes. 3.7 The consultant concluded that with road network improvements staged to correspond with new development, an acceptable level of service can be maintained through out the proposed 20 year period. The integrity of the proposed grid system of roads should be maintained in site specific developments. 606 PD-21-99 PAGE 7 4. URBAN DESIGN FRAMEWORK 4.1 New urban design guidelines have been prepared for the following reasons: • Replace and expand upon the existing Urban Design Guidelines in response to the application for retail commercial uses to replace residential uses as proposed by 800769 Ontario Limited; • Provide urban design guidelines prior to the approval of development within the West Bowmanville Gateway; and, • Develop criteria for the integration of the Gateway with the West Main i Central Area. The guidelines entitled "A Framework for Development: Urban Design Principles and Guidelines for the Bowmanville West Main Central Area and West Bowmanville Gateway" were prepared by Urban Strategies Inc. The document has been forwarded under separate cover. 4.2 There are differences in the form and function of commercial development permitted in the West Main Central Area and the West Bowmanville Gateway. In conjunction with the downtown and other parts of the East Main Central Area, the West Main Central Area functions as the highest order commercial area in Clarington. It provides as a range of goods and services such as department stores, retail stores, supermarkets, restaurants, entertainment, financial services, and personal services to the residents. The urban form is based on a grid network of roads with areas along Clarington Boulevard being street-front oriented. The Gateway Area permits highway-oriented commercial uses that serve the occasional needs of residents. They are mostly large format retail stores and other uses that require larger parcels of land and highway visibility. Uses typically consist of uses such as lumber yards, hotels, motels, restaurants, and automobile dealerships. Development is typically set back from the road to accommodate parking in front of the building. 607 PD-21-99 PAG E 8 Given the proximity of the Gateway Area to the West Main Central Area, the planning objective is to integrate the streetscape and design elements despite the differences in uses. The grid street system is extended, the quality of the streetscape elements will be maintained and street-front oriented buildings will be required at strategic locations. 4.3 URBAN DESIGN GUIDELINES The urban design guidelines are organized into five categories that include street network, design precincts, built form, streetscape hierarchy, and open space. The following discussion summarizes the highlights of each section. i Street Network The street network has been designed to maximize connectivity and integration. The street network consists of the following road classification: Public roads include arterial, collector and local roads built to municipal standards. Private roads located within large development sites must be constructed to municipal standards and may be assumed by the Municipality in the future. ,I Major service lanes located within large development sites and will remain in private ownership. Service lanes serve as rear entrances for medium density townhouse developments at the south end of the BWMCA. Design Precincts The concept plan creates design precincts with unique urban design characteristics to create identity, amenity, and harmony within the district. These design precincts are not necessarily related to land use categories. These precincts are: • Highway 2 Corridor Precinct 608 PD-21-99 PAG E 9 • Clarington Boulevard Commercial Main Street Precinct • Community Use Precinct • Main Central Area Commercial Precinct • Gateway Area Commercial Precinct • Main Central Area Residential Precinct • Brookhill Residential Neighbourhood Precinct Built Form and Massing The siting, orientation, massing, and articulation of the built form within the precincts will: • Contribute to the visual and physical identity of the area • Reinforce Highway 2 as an important urban thoroughfare • Create a desireable image for specific design precincts Define the pedestrian and public realm through consistent building placement, streetscape development and public open space • Facilitate ease of use through the logical placement of buildings, entrances and parking areas Streetscape Hierarchy The plan contemplates a series of streetscapes linked to open spaces that will establish a framework for pedestrian areas. The streetscapes will provide an attractive image and character for each area. Some of the streetscape zones are as follows: Highway 2 Streetscape The Highway 2 Streetscape will establish Highway 2 as a significant commercial artery. This streetscape should extend along both sides of the road to establish a consistent image for the area. 609 PD-21-99 PAGE 10 Clarington Boulevard Streetscape This streetscape will establish Clarington Boulevard as a pedestrian oriented avenue with an active and enjoyable public realm extending from the Community Park south to Street "A". The streetscape will accommodate a number of pedestrian crossings. Uptown Avenue Streetscape This streetscape will create a unique east-west parkway belt from Regional Road 57 to Boswell Drive. The streetscape will create a pedestrian area and serve as a landscape buffer between precincts. Special treatement would be necessary through the park. Public and Private Streetscapes These streetscapes will create attractive pedestrian friendly zones. This includes sidewalks, trees, decorative lighting and other landscape elements. The private streets would remain in the ownership of the developer but would be built to municipal standards. Open Space The development of parks and open space areas will reinforce the mixed use nature of the West Main Central Area. Parks in the Residential Precinct These parks will function as important focal points in the community with linkages to the residential areas. Special focal areas include tree plantings, shrub and perennial landscaping, pedestrian scale lighting, benches, special paving, public art, and possibly water features to enhance the public realm. Community Park The community park, which represents the primary recreational facility within the area, will provide a high quality public landscape and a diverse range of recreational opportunities. South of Uptown Avenue is the major activity area with the Garnet B. Rickard Complex and large parking lots. North of Uptown Avenue are the major outdoor recreational facilities including baseball diamonds, a skateboard park, walking paths, hiking trails along the creek, and two pedestrian creek crossings to the Brookhill Neighbourhood. 610 PD-21-99 PAGE 11 Two special pedestrian connections are contemplated through the park with a fieldhouse at their intersection. The east-west path should be developed along the existing hedgerow. The north-south path from Uptown Avenue to the creek should include a 3m path, pedestrian scale lighting, benches, and a double row of trees on either side of the path. 4.4 SUMMARY The urban design concept plan provides a comprehensive development vision for the West Main Central Area and the Gateway Area providing urban design standards for various land use precincts. The plan focuses on integration of land uses through streetscape treatment and development of a quality pedestrian environment. The highlights of the concept plan include: • Integration of the public secondary school and community park into the West Main Central Area; • Realigning Uptown Avenue west of Clarington Boulevard and extension of Uptown Avenue east to Regional Road 57 and associated streetscaping guidelines; • Urban design standards for: ➢ street-front orientation of commercial development along Highway 2, Clarington Boulevard, and Green Road while providing for larger format stores to be set back from the highway; ➢ commercial main street on Clarington Boulevard; ➢ medium and high density residential development; ➢ the future GO Transit station. • Pedestrian streetscape policies that include walkways, sidewalks, landscaping, first floor retail display windows, shelter elements, and attractive building elevations; • Provision of buffers between residential and other uses. 611 PD-21-99 PAGE 12 5. STAFF COMMENTS 5.1 Rationale for the Amendment to the Clarington Official Plan Several factors have recently emerged that necessitate this amendment. • The existing West Main Central Area boundary was developed through Official Plan Amendment #56 to the Town of Newcastle Official Plan, which dealt with the retail expansion of the area. The northerly limit was the Concession 2 right-of-way. The Ontario Municipal Board subsequently approved this amendment, which was incorporated into the Clarington Official Plan as a secondary plan. During the Official Plan Review, an expansion to the community park and a public secondary school were identified immediately north of the West Main Central Area. Through the urban design study, it was recognized that both facilities would function as part of this Central Area and reinforce the mixed use focus of the designation. • Uptown Avenue currently extends from Green Road to the western extent of the Garnet B. Rickard Complex. Staff are proposing that Uptown Avenue be realigned west of Clarington Boulevard to link with the northern extent of the WBG. In addition, Uptown Avenue should be extended eastward around the Garnet B. Rickard Complex and the Durham Regional Police station to Regional Road 57. This east-west parkway parallel to Highway 2 will reinforce the grid street pattern. Streets "D" and "H" must be realigned to accommodate Uptown Avenue realignment. 612 PD-21-99 PAGE 13 It will separate the Garnet B. Rickard Complex from the community park area. This would permit the development of a focal point at the west entrance to the complex. • Extending Uptown Avenue would provide improved access for the Fire Department to the north and provide additional road frontage for the Durham Regional police station. The road location has to facilitate the future expansion plans of the police station. • An application has been received from 800769 Ontario Limited to redesignate lands from "Medium Density Residential" and "High Density Residential" to permit retail commercial uses. • Certain policies affecting lands owned by Willsonia Industries Limited restrict commercial uses based on previous retail market evidence for the first five year period. The studies were conducted early in 1994. Accordingly Willsonia Industries Limited is requesting that these policies be removed. 5.2 Highway 2 Urbanization The section of Highway 2 between Street "D" and Boswell Drive is currently developed with a rural cross-section and contains a section of super-elevation. Furthermore, Green Road is a municipal road built to rural standards. As with the Markborough/Willsonia development, Highway 2 and Green Road should continue to be reconstructed to an urban standard prior to or concurrent with development. The urbanization will include curb, gutter, lighting and sidewalk installation on both sides of the road, as well as a centre median. The Streetscape Plan identifies a double row of deciduous trees to be planted in the boulevard on Highway 2. At the present time, neither the Region nor the 613 PD-21-99 PAGE 14 Municipality collect development charges for commercial development to finance these works. 5.3 Implementation of Road Network The road network will be developed in conjunction with development of individual properties and generally be the responsibility of individual land owners. Provided the integrity of the grid system is maintained through site specific developments, this approach will ensure an acceptable level of service can be sustained. The extension of Uptown Avenue between Clarington Blvd. and Regional Road 57 will be the one exception to this. This section of road will traverse municipal lands and therefore be the Municipality's responsibility. It is expected this section of road will be included in the Municipality's 10 year capital work forecast and financed through Development Charges. 5.4 Impact of Concept Plan on the Garnet B. Rickard Complex and Community Park The concept plan will have the following impact on the Garnet B. Rickard Complex (GRBC) and the community park. • The plan proposes a focal point at the rear entrance to Garnet B. Rickard Complex that could also function as a passenger drop-off. This would consist of a vertical element and landscaping. • The extension of Uptown Avenue will separate the Garnet B. Rickard Complex from the outdoor community park. This separates the active recreation complex from the park areas. • Links to the open space area along the creek and walkway connections to the Brookhill Neighbourhood are shown on the plan. • The plan provides potential siting of baseball diamonds, skateboard park, open air facilities, and parking lots within the park. • An east-west and a north-south walkway organize the park. A fieldhouse would be located at the intersections of the walkways. 614 PD-21-99 PAGE 15 6. CONCLUSIONS 6.1 Based on the above-mentioned report, Staff would respectfully request that Council authorize Staff to advertise for a statutory Public Meeting for the proposed amendment to the Clarington Official Plan. At such time as the amendment is considered, Staff will be recommending that Council adopt "A Framework for Development' as prepared by Urban Strategies Inc. Respectfully submitted, Reviewed by, fl atLC-, C- David . Crome, M.C.I.P., R.P.P. lin Wu, M.C.I.P., R.P.P. Acting Director of Planning & Development Chief Administrative Officer. RH*CP*DJC*df February 22, 1999 Attachment#1 - Bowmanville West Main Central Area and West Bowmanville Gateway Study Area Attachment#2 - Street Network Plan Attachment#3 - Proposed Amendment to the Clarington Official Plan Interested parties to be notified of Council and Committee's decision: Mr. Glenn Willson Helen and Colin Soutter 800769 Ontario Limited 2374 Highway 2, R.R. #6 140 Bond Street, P.O. Box 488 Bowmanville, Ontario Oshawa, Ontario L1C 3K7 L1 H 7L8 Mr. Kelvin Whalen, Green Martin Mr. Robert Martindale Holdings Martindale Planning Services and Martin Road Holdings Ltd. 23 Elizabeth Street 1029 McNicoll Avenue Ajax, Ontario Scarborough, Ontario L1T 2X1 M1W 3W6 615 PD-21-99 PAGE 16 Mr. Bryce Jordan G.M. Sernas Limited Mr. Scott MacDonald 110 Scotia Court, Unit 41 Morguard Investments Limited Whitby, Ontario L1 N 8Y7 1 University Avenue Suite 1500 Dr. Sebastian Corbo Toronto, Ontario ACT Health Group Corporation M5J 2V5 1280 Finch Avenue West, Suite 710 Downsview, Ontario Mr.John Shewchuk M3J 3K6 Royal LePage Frank Real Estate 234 King Street East Ted Watson Bowmanville, Ontario R.R. #2 L1C 1P5 Bowmanville, Ontario L1C 3K3 Durham Regional Police Services 77 Centre Street North Lynn Townsend OSHAWA, Ontario Attention: Maria Jones L1C 4B7 5710 Timberlea Boulevard, Suite 207 Attn: Harriet Hamilton, Facilities Mississauga, Ontario Manager L4W 4W1 Mr. Brian Bridgeman Mr. Ron Hooper Walker Nott Dragicevic Bowmanville Business Centre 172 St. George Street P.O. Box 365 Toronto, Ontario Bowmanville, Ontario M5R 2M7 L1C 3L1 616 ATTACHMENT No., A 11 , � I f � 1 Q I yl � a o Ivdl `, 2 ■ � oou.r■ a op 0 O l it t,1` '" 1� ❑ yt � Boswell Drive m e � ^o ee d 617 ATTACHMENT N( ........... 0:::u ro .41 16— 618 ATTACHMENT NO. 3 PROPOSED AMENDMENT TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The Amendment implements the following land use and related changes: • The boundary of the Bowmanville West Main Central Area is extended to include the public secondary school and the entire community park lands associated with the Garnet B. Rickard Complex containing baseball diamonds and open areas. • Uptown Avenue is realigned between Green Road and Clarington Boulevard and extended eastward to Regional Road 57 and related adjustments to other streets. • Lands at the northeast corner of Highway 2 and Green Road are redesignated from "Medium Density Residential" and "High Density Residential" to "Retail Commercial". Although this would allow the development of retail commercial uses within the Bowmanville West Main Central Area, no retail floorspace can be allocated to the project at this time. • Policies are added regarding private streets. j • Certain restrictions on the type of retail uses for commercial lands west of the Garnet B. Rickard Complex are removed. BASIS: The amendment is based on an application submitted by 800769 Ontario Limited (COPA 97-003) and an Urban Design and Transportation Study undertaken for the Bowmanville West Main Central Area and Special Policy Area "H". ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: i) By amending Table 9-2 by: a) adjusting the housing targets for the West Main Central Area (N2) as follows: Medium Density - from "250" to "175" High Density - from 1,700" to 1,300" Total - from 1,950" to 1,475" 619 - 2 - b) adjusting the Totals for the Bowmanville area as follows: Medium Density — from "1,225" to "1,150" High Density - from "2,075" to "1,675" Total - from "22,250" to "21,775" so the appropriate lines of Table 9-2 read as follows: Table 9-2 Housing Targets by Neighbourhoods Housing Units Urban Area Residential Areas Central Areas Neighbourhoods I Low Medium High Medium High Intensification Total BOWMANVILLE 0 0 0 175 1300 0 1475 N2 West Main Central Area TOTAL 12975 j 3300 875 1150 1 1675 1800 21775 I By amending Map A3 — Land Use: Bowmanville Urban Area as shown on Exhibit "1". iii) B realigning and extending a — collector road on Ma B Y g g g 3 Map Transportation: Bowmanville Urban Area as shown on Exhibit - „2„ iv) By amending the population target for the West Main Central Area (N2) on Map E2 - Neighbourhood Planning Units: Bowmanville Urban Area from 3,700 to 2,800 as shown on Exhibit "3". i The Bowmanville West Main Central Area Secondary Plan, being a portion of the Clarington Official Plan, is hereby amended as follows: i) By deleting the words in Section 5.2.2 and replacing them with the following: "5.2.2 The maximum density for Retail Commercial lands south of King Street shall be 0.5 fsi, calculated on the net development parcel. The maximum density for Retail Commercial lands north of King Street shall be 0.25 fsi, calculated on the net development parcel." ii) By deleting subsections (i) and (ii) of Section 5.2.1 (a). 620 - 3 — iii) By deleting Section 7.2.1 (f). iv) By deleting the second sentence of Section 12.1 V) By deleting the existing wording of Section 14.2.3 and replacing it with the following: 14.2.3 The "Private Streets" shown on Map A of this Plan shall be subject to Section 5.2.5(d) and the following: a) private streets will be designed to municipal standards suitable for assumption by the Municipality at some future date if deemed necessary; b) access points to parking spaces will meet municipal road standards; r c) no buildings or parking spaces shall encroach into the private street right-of- way; and d) the developer shall provide for the future transfer of the rights-of-way to the Municipality at the Municipality's discretion. vi) by amending Map A - Land Use: Bowmanville West Main Central Area Secondary Plan as shown on Exhibit "4". IMPLEMENTATION: The provisions set forth in the Clarington Official Plan and the Bowmanville West Main Central Area Secondary Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan and the Bowmanville West Main Central Area Secondary Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 621 EXHIBIT "1" AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A3, LAND USE, BOWMANVILLE URBAN AREA RELOCATE"MEDIUM DENSITY' 0 O G W OM DENSITY"RESIDENTIAL SYMBOL J DELETE"PUBLIC SECONDARY ADJUST'MAIN CENTRAL SCHOOL"SYMBOL . AREA"BOUNDARY tq SPECIAL POLICY @M DELETE"COMMUNITY AREA E PARW SYMBOL O CONCESSION STREET i H I M M EXTEND AND REALIGN ROAD O 1 i M O 1 SPECW. POLICY AREA E M O �.` Olt i PRESTIGE EMPLOYMENT AREA URBAN BOUNDARY LIGHT PUBLIC ® INDUSTRIAL AREA L� SECONDARY SCHOOL URBANE RESIDENTIAL NDNUS RIAL AREA SECONDARY SCHOOL URBAN RESIDENTIAL UTILITY PRIVATE In SECONDARY SCHOOL MEDIUM DENSITY ENVIRONMENTAL PUBLIC RESIDENTIAL PROTECTION AREA & ELEMENTARY SCHOOL HIGH DENSITY GREEN SPACE SEPARATE RESIDENTIAL ELEMENTARY SCHOOL MAIN CENTRAL AREA WATERFRONT GREENWAY PRIVATE ELEMENTARY SCHOOL LOCAL CENTRAL AREA COMMUNITY PARK SECONDARY PLANNING AREA NEIGHBOURHOOD COMMERCIAL DISTRICT PARK .--o®®. SPECIAL POLICY AREA HIGHWAY COMMERCIAL NEIGHBOURHOOD PARK o00000000o SPECIAL STUDY AREA AGGREGATE TOURISM NODE EXTRACTION AREA IA GO STATION 6 2 2 EXHIBIT"2" AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP B3,TRANSPORTATION, BOWMANVILLE URBAN AREA .............. ............ -r- --.. ■ .. 0 200 400 600 800 m �a 200 m CONCESSION ROAD 3 _ DELETE --- ======----- ? .. ••------ --.......---4 "COLLECTOR ROAD" ��o' • • w . . � � M �) 5 ( a ... J. r,9 CONCESSIONry.STREET ; I -•-•iu N: .° Q■ 1 0:}i W REALIGN AND EXTEND _ _ �1 co I t� "COLLECTOR ROAD" KING RE 7T _; I I � jI 0 .v I , BASELINE ROAD y 40 r, r CH 1r _-• ..rr■.rrr ., LAKE ONT.4R 10 .+m•-»f-F,..;..vr�.�,ks URBAN BOUNDARY MAP B3 TYPEWA ARTERIAL TRANSPORTATION TYPE B ARTERIAL BOWMANVILLE URBAN AREA ----""""' TYPE C ARTERIAL OFFICIAL PLAN EXISTING FUTURE \ COLLECTOR ROAD MUNICIPALITY OF CLARINGTON FREEWAY INTERCL{ANGE - REGIONAL TRANSIT SPINE FEBRUARY 2, 7999 INTER-REGIONAL REFER TO SECTION 19 •®®®®®®®®®TRANSIT LINE O i��� GRADE SEPARATION 111=91 GO STATION 1 OS CONSOLIDATION IS PRUAOED FOR CONVENIENCE ONLY AND REPRESENTS REQUESTED MODIFICATIONS AND APPROVALS 98-046 623 EXHIBIT"3" AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP E2, NEIGHBOURHOOD PLANNING UNITS, BOWMANVILLE URBAN AREA 1 ADJUST"WEST MAIN I 10 CENTRAL AREA" NORI HG BOUNDARY (3"50) I � 0 200 400 600 800 m , 200 m 1 CONCESSION ROAD 3 N 9 a g 1 (50 ) 5010 I J O 9 Q 1 N 7 Z 7 Gem 11 � ELGIN BROOKHI (4000) APPLE BLO SOM 5200) o (4800 I c 4 0 �^ CONCESSION STREET a 2 CENTRAL C 1 1 KING ST. J(2000) m I 12 CENTRAL ARNEq MAIN VINC T M SSEY 5 DARLINGTON) (25) CARER 4400 1 GREEN (2800) 14 (2 ) WAVERLY 1 1 1 3 (4200) ALE (47 0) MEh iORIAL � W ( 0) 1 CHANGE POPULATION BASELINE ROAD 1 FROM"3700"TO"2800" HIGHWAY 401 0 1 � GNP �1 1 15 wI ORT DARLINGTO m 1 (3200) 1 G4KE ONTAR/O MAP E2 1 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON ®® URBAN BOUNDARY FEBRUARY 2, 1999 REFER TO SECTIONS 5 AND 9 NEIGHBOURHOOD BOUNDARY _ 98-054 0000) POPULATION 211 NOSREPRESOM REQUESTED.NODIMATI05S ANDI�APPROVALS AMENDMENTNo. TO THE MUNICIPALITY OF • OFFICIAL BOWMANVILLE, WEST MAIN CENTRAL AREA, SECONDARY :2•,�:a`��+2\t`; OR t\ t\ t\ V\ V\ • .'lt \+++�\t+�:\t�\t+`�\•'\4�\+••fit++`�\++••�\+�t\ t�• t, t\ t\ •• V, t\ N t\ t\ • _ \V\t\�tV\ttt\V\t\V+N t\ t\ N V\ t\ t\ ��`'4\`�'\\.\ ,� \t``\t``\4`.`.\�•'\.\t`t\++�L��+4,�� \+\``�+•.\``'+.�`��\``• '�fit`\�'`�t�t\`. t \\ t\ t\ t\ N N t+ 4\ N V\ N �, N++''`4++`H+++.\.,''++VY\•1 4\+: '�t4�V�,++`.t.,•`•+tt+.�\4\, �\t�\V\`�\t ;�\•: \,:�\\,`��\�\t�`t\�+•'`\ Wit\ ```�`\��\\�\t���\N \\`+`\++\ •♦ i Wit`.\ \\` \\+++tt.\+��\+\••`\.'?..\ \��•�\ :::.::///..///I •+\� \`\\N`\\t++t\+�.\i\�•''+.\,'�`�\+��\4++fit •1 ::1 ��\,+•'fit+fit\''` +`+t '::/:::: ::::: •/////////IR/////////// \+:��\++t\ • \t"+•.N++4'ti\t• .......::./..;ice..--..i �- .-'�. ...... \+�\l\+V t++t`.\•'++.\.\t \+•.++.\.\ 1:::1 :: :::::/:��/�. �/: • /////////t:/:. : 1 111/:::• NU • • 1 1 • DN: PD-22-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, March 1, 1999 Res. # Report #: PD-22-99 FILE #: ZBA 99-003 By-law # Subject: REMOVAL OF HOLDING BOB BEST ON BEHALF OF SANDFORD ACRES (1987) LTD. PART LOT 33, AND PART OF THE ROAD ALLOWANCE BETWEEN LOTS 32 AND 33, CONCESSION 2, FORMER TWP. OF DARLINGTON FILE NO.: ZBA 99-003 (X-REF: LD 255/98 TO LD 258/98) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-22-99 be received; 2. THAT Rezoning Application ZBA 99-003 submitted by Bob Best, on behalf of Sandford Acres (1987) Ltd., requesting the removal of the "Holding (H)" symbol i from the subject lands be APPROVED; 3. THAT the amending By-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and the amending By-law be forwarded to the Region of Durham Planning Department; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Sandford Acres (1987) Ltd. 1 .2 Agent: Bob Best 1.3 Rezoning: Removal of "Holding (H)" symbol. 626 REPORT NO.: PD-22-99 PAGE 2 1.4 Consent: Create one residential lot for a single detached dwelling unit and three lots for linked/semi detached dwelling units, for a total of seven dwelling units. 2. BACKGROUND 2.1 On January 21, 1999, an application was received by the Municipality of Clarington Planning and Development Department requesting removal of the 'Holding (H)" symbol from the lands associated with consent applications LD 255/98 to 258/98. The subject property is located in Courtice, Part Lot 33 and Part of the road allowance between Lots 32 and 33, Concession 2, former Township of Darlington. The part of the road allowance on this property was closed and conveyed through Instrument Number 7207. 2.2 The Land Division Committee heard the applications at its regular meeting on September 18, 1998, at which time they were approved subject to conditions. 2.3 Five lots will be created once all conditions have been fulfilled. The retained land, which contains an existing house, will have 20.86 metres of frontage and total lot area of 1177 square metres. The single detached lot, immediately south of the existing lot, will have 15.25 metres of frontage and a total lot area of 888 square metres. The remaining three lots for linked/semi-detached units have frontages ranging from 20 metres to 24.7 metres, and all exceed the By-law minimums in regards to lot area. All proposed lots would comply with the By-law regulations for linked/semi-detached or single lots within the R1 zone. 3. COMMENTS 3.1 The entire property is currently zoned "Urban Residential Type One (R1)". The provisions of the By-law allow for the removal of the "Holding (H)" symbol by By- law, upon Council being satisfied that the uses to be permitted will be adequately 627 I REPORT NO.: PD-22-99 PAGE 3 serviced, have appropriate access, and will be used for purposes intended by the By-law. 3.2 The removal of "Holding (H)" is a condition of the consent applications. The applicant is in the process of fulfilling all other conditions related to the applications. The Region of Durham Planning Department and Works Department also supported the severance applications. i 4. RECOMMENDATION 4.1 In consideration of the comments noted above, Staff would have no objection to the removal of the "Holding (H)" symbol as shown on the attached By-law and Schedule. i Respectfully submitted, Reviewed by, DA' J. Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P. Acting Director of Planning & Development Chief Administrative Officer. IL*LT*DC*df Attachment #1 — Key Map Attachment #2 — Proposed Zoning By-law Interested parties to be notified of Council and Committee's decision: Bob Best Sandford Acres (1987) Ltd. 88 Varcoe Road 232 Second Street STOUFFVILLE, Ontario COURTICE, Ontario L4A 1B9 L1E 1N1 628 ATTACHMENT NO. SUBJECT SIT LOT 3 4 LOT 3 3 LOT 32 EET HIGHWAY 2 LU LD W � O I z N ' Z ' cn O V V) W Z O U I 0 J W w H Q C S 0 COURTICE KEY MAP ZBA. 99-003 629 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 99- being a By-law to amend By-law 84-63, the Comprehensive zoning By-law of 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 former Town of Newcastle for ZBA 99-003. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding — Urban Residential Type One ((H)R1)", to I "Urban Residential Type One (R1)", as illustrated on the attached Schedule "A" hereto. �I 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. I i i I BY-LAW read a first time this day of 1999. BY-LAW read a second time this day of 1999. BY-LAW read a third time and finally passed this day of 1999. MAYOR CLERK 630 This is Schedule"A" to By-law 99- , passed this day of 1999 A.D. N76'20'30"E I 43.99 I LOT 33 � o LOT 32 CONCESSION _ PART 15 .. 0 OR 2 C/M O/O PART 4 M;? N/y C, C N J/— p c�c au � Q PART 3 � 40R=1861'3°%= S.w. Angle of lO �/o Lot 30, 1OM-806 c/v c PART 2 a 0 O M O/U m I 0 / M z PART 1 Z N76'24'10"E 158.98 ® ZONING CHANGE FROM " (H)R1 " TO " R1 " 0 10 20 40m 20m 15 10 5 0 Mayor Clerk I ® SUBJECT SITE LOT 34 LOT 33 LOT 32 IkIH I b111EET HICHW�y '1 �4 N05SON 0 Syr LD C� o N Z N W U Z 0 COURTICE 631 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee Date: March 1, 1999 File #: Res.#: Report# TR-8-99 File#: Subject: By-Law#: MAYOR & COUNCILLOR'S REMUNERATION & EXPENSES FOR 1998 Recommendations: It is respectfully recommended the General Purpose and Administration Committee recommend to Council the following: 1 THAT Report TR-8-99 be received for information. Background and Comment: Appended hereto, please find a schedule detailing the compensation paid to each Member of Council during 1998 as required by the Municipal Act, R.S.O. 1990, M.45, Section 243. As per Resolution #GPA-455-95,`passed by Council on July 17, 1995, attached is the Regional Municipality of Durham Report#98-F-17 detailing the remuneration and expenses of the Members of Council and Regional Council appointees to local boards. Respectfully submitted, Reviewed by: arie A. Marano H.BSc. AMCT Franklin Wu, M.C.I.P.,R.P.P., Treasurer. Chief Administrative Officer. MM/NT/RB/hjl Attachment 801 MAYOR & COUNCILLOR'S REMUNERATION & EXPENSES 1998 Name Basic Pay Expense Allowance Gross Pay Kilometres Conferences Meals / Other Note 2) Total _ Mayor D. Hamre 30,000.00 15,000.00 45,000.00 3,801.86 360.15 3.64 49,165.65 Councillor J. Mutton 10,593.00 5,285.00 15,889.00 1,232.17 846.85 212.79 18,180.81 Councillor M. Novak 12,000.00 6,000.00 18,000.00 1,297.52 0.00 0.00 19,297.52 Councillor J. Rowe 12,000.00 6,000.00 18,000.00 1,271.14 861.90 239.23 20,372.32 Councillor J. Schell 10,593.00 5,285.00 15,889.00 1,225.07 861.90 9.35 17,985.32 Councillor C. Trim 10,593.00 5,285.00 15,889.00 1,168.25 934.35 146.16 18,137.76 Councillor T. Young 10,710.00 5,355.00 16,065.00 1,438.37 995.68 237.71 18,736.76 Total $96,489.00 $48,243.00 $144,732.00 $11,434.43 $4,860.83 $848.88 $161,876.14 Notes: • Conferences Include payment made by the Municipality for registration fee and/or accommodation, as well as direct reimbursement of expenses. • Other Includes parking, meals and miscellaneous charges. • Expenses exclude G.S.T. co 0 N February 17, 1999 T0: The Finance and Administration Committee FROM: R.J. Clapp, Commissioner of Finance RE: REPORT #1999-F-13 THE REMUNERATION AND EXPENSES IN 1998 OF MEMBERS OF REGIONAL COUNCIL AND REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS,AS REQUIRED BY SECTION 247(1) OF THE MUNICIPAL ACT,R.S.O. (1990) RECOMMENDATION: That the Finance and Administration Committee recommend that this report be submitted to Regional Council for information. REPORT: As required by Section 247 (1) of the Municipal Act, R.S.O. (1990), 1 have prepared a stAtement of the remuneration and expenses which were paid in 1998 to Regional Councillors and Regional Council Appointees. (See attached Schedules 1 and 2 respectively). The information concerning Regional Council appointees was obtained directly from the Local Boards, with the exception of the Durham Region Police Services Board, 9-1-1 Management Board and the Land Division Committee, whose accounting records are maintained by the Regional Finance Department. R.J. Clapp, CA Commissioner of Finance RJC:dlk Attach. DLKU2EP0RT99\REMUN9 � b 8 n 3 SCHEDU REGIONAL COUNCIL MEMBERS 1998 REMUNERATION AND EXPENSES REGIONAL COUNCIL CONFERENCES,CONVENTIONS, MEMBERS REMUNERATION SEVERANCE-PAY M&EAQE &MEETINGS TOTAL Aker, C. 22,446.00 22,446.0 Aker,J. (1) 24,960.00 Arthurs,W. 24,96 ' 22,446.00 21,840.00 913.73 1,500.00 24,85, Beal, P. (1) Bo ch n, R. 21,840.0 Y Y 22,446.00 719.47 23,165. Brenner, M. 22,446.00 1,365.96 Brunelle, M. 23,81 22,446.00 679.85 23,12 Clarke, C. 22,446.00 22,446.0 Crawford, S. 22,446.00 22 44F C Diamond, N. 22,446.00 Dickerson, 22 44i 22,446.00 389.33 2,035.10 24,87u.- Dreslinski,A.. (1) 10,920.00 10,920.0 Drumm, J. 22,446.00 1,645.94 24,09 Edwards, T. (1) 24,960.00 24,961 Emm, G. 22,446.00 977.37 '23,423.: Gadsden, K. 22,446.00 1,255.22 1,022.53 24,7237 Gray,J. � 22,446.00 937.11 23,38; Hall, H. (1) 18,720.00 18,721.. Hamra, , 22,446.00 1,175.21 2,119.06 25,740.2 Hannah, L. (1) 16,380.00 ' Harrell, I. 22,446.00 16,38 22,44( Johnson, R. (2) 27,726.00 1,675.32 2,963.11 32,364.4 McMaster, J. 22,446.00 490.83 3,289.33 26,226.1 Moffatt, D. 22,446.00 2,041.55 175.00 24,66: Mutton, J. "' 22,446.00 2,403.09 "' 24,841, Nicholson, B. (2) 27,726.00 27,726.0 Novak, M. 22,446.00 665.63 2,185.30 25,29r O'Connor, G. 22,446.00 887.46 2,119.06 25,45: O'Connor, L. (2) 27,726.00 2,810.90 1,138.27 31,67b.i Para, S. 22,446.00 925.48 927.37 24,298.8 Parish, S. (2) 27,726.00 75.00 27,80 Perkins, P. 22,446.00 183.28 22,625 Pidwerbecki, N. 22,446.00 852.00 23,298.0 Potticary, J. (1) 21,840.00 21,840 Shier, K. 22,446.00 3,545.82 25,99 649,608.00 139,620.00 16,999.71 29,089.97 835,31-. .-- 35,31; .- Councillor Mutton donated his mileage re-imbursemement of$2,403.09 back to the Region of Durham. UQIE5 (1) Denotes former Regional Councillor. (2) Denotes Regional Committee Chairperson. SCHEDULE REGIONAL COUNCIL MEMBERS (continuE 1998 REMUNERATION AND EXPENSES REGIONAL COUNCIL CONFERENCES,CONVENTIONS, MEMBERS. REMUNERATION SEVERANCE PAY MILEAGE &MEETINGS TOTAL 1997 MII EAGE PAID IN 1 gR Dickerson, D 227.33 227.; Shier, K. 1,493.19 1,493.' 1,720.52 - 1,720.: CONFERENCES, AUTOMOTIVE CONVENTIONS, REGIONAL CHAIR REMUNERATION SEVERANCE PAY EXPENSES MEETINGS, ETC, TOTAL Anderson, R. , 82,497.75 4,561.56 24,346.50 111,405.£ Witty,J. (1) 81,120.00 81,120.( 82,497.75 81,120.00 4,561.56 24,346.50 192,525.£ NOTES- (1) Denotes former Regional Chair, severance pay. NOTES TO SCHEDULE OF REMUNERATION TOR r'1nNA1 ---I -r�� ��C�ADC�C AAII1 TL �� �I CHAIR (I) Remuneration to the Regional Chair and Councillors for 1998 is authorized by sections 242 to 246, inclusive, of the Municipal Act and by-law#142-77 as amended by by-laws#78-97 and#60-98. (II) The Regional Chair is provided with an automobile and is reimbursed for actual operating expenses incurred. It does not include the lease cost of$6,420. (III) Regional Councillors are reimbursed as follows: Mileage-based on a rate per kilometre -Conferences and conventions-a rate of$50/day for meals,etc.without receipts; however, if the daily rate is insuffici actual expenses with receipts are reimbursed. Accommodation, registration,etc. are reimbursed based on actual receipts. (IV) . Expenses relating to Regional Council Study Sessions are not included in this statement. M Severance remuneration to the former Regional Chair and former Councillors is authorized by by-law#61-93 as amended by by-law#50-95. 805 REVISED SCHEDULE Revis REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 1998 REMUNERATION AND EXPENSES REGIONAL COUNCIL CONFERENC APPOINTEES REMUNERATION MILEAGE &MEETINGS TOTAL Central Lake Ontario Conservation Authority Anderson, R. 100.00 20.40 120.40 Boychyn, R. 450.00 450.00 Brunelle, M. 100.00 14.40 114.40 Crawford, S. 450.00 61.20 511.2( Drumm, J. 950.00 114.00 1,064.00 Emm, G. 700.00 168.00 868.0( Gray, J. 950.00 950.0( Hamre, D. 350.00 159.60 509.60 Hannah, L. 100.00 9.00 109.00 Harrell, 1. 1,050.00 1,050.0( Johnson, R. 3,450.00 342.00 3,792.0( Moffat, D. 900.00 453.60 1,353.60 Nicholson, B. - 500.00 500.00 Northeast, B. 250.00 250.0( Novak, M. 850.00 127.50 977,50 Perkins, P. 500.00 84.00 584.00 11, 50. 0 1,553.70 - 13,203.7( Ganaraska Region Conservation Authority Mutton, J. 400.00 57.00 457.00 Trim, C. 480.00 192.00 672.0( 880.00 249.00 - 1,129.00 Kawartha Region Conservation Authority Bacon, K. 150.00 43.20 193.2( Gadsden, K. 360.00 334.08 694.OL Gray, H. _ Young, T. 60.00 49.30 109.3( 570.00 426.58 - 996.5E. Lake Simcoe Region , Conservation Authority Bacon, K. 925.50 297.50 1,223.00 Grant, J. 123.40 76.80 200.2C Lodwick, H. 925.50 548.16 1,473.66 Para, S. 6,015.39 1,266.00 7,281.39 Pearce, M. 61.70 39.00 100.7C 8, 1.4 4 - 10, 78.95 �� :: 59 806 SCHEDULE 2 (continued) REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 1997 REMUNERATION AND EXPENSES REGIONAL COUNCIL CONFERENCES APPOINTEES REMUNERATION MILEAGE & MEETINGS TOTAL Toronto and Region Conservation Authority Dickerson, D. 715.00 330.00 1,045.00 McMaster, J. 1,820.00 840.00 2,660.00 O'Connor, G. 910.00 672.00 1,582.00 3,445.00 1,842.00 - 5,287.07 Durham Region Non-Profit Housing Corporation Anderson, R Brenner, M. Hamre, D. 5,280.00 5,280.00 Johnson, R. 217.44 1,006.77 1,224.21 Nicholson, B. O'Connor. L. Parish, S. 666.68 1,719.37 2,386.05 ! _ 5,280.00 884.12 2,726.14 8,890.2 Land Division Committee Collins, J. 1,100.00 683.87 1,783.87 Dorrell, S. 100.00 241.81 341.81 Evans,L. 1,500.00 576.61 2,076.61 Fisher, L. 1,800.00 690.77 2,490.77 Graham, H. 1,300.00 462.93 1,762.93 Hedge, M. 1,600.00 247.57 1,847.57 Kudla, W. 3,235.00 526.38 3,761.38 Martin, R. 1,800.00 686.93 2,486.93 McCully, L 100.00 51.54 151.54 Sullivan, D. 2,090.00 293.49 2,383.49 14, 25.00 4,461.90 - 19,086.90 Durham Region Police Services Board Ashe, K. 6,708.33 293.12 857.54 7,858.99 Boychyn, R. 5,280.00 349.76 3,949.63 9,579.39 O'Connor, G. 5,280.00 1,072.13 970.00 7,322.13 1,715.01 5,777.17 4,7 .51 NOTE TO SCHEDULE F REM INERATION TO RE GIONAL OUNCIL APPOINTEES TO LOCAL BOARDS No remuneration or expenses were paid to Regional Council appointees to the Children's Aid Society, 9-1-1 Management Board, Durham Region District Health Council or the hospital boards. 807 ON:gpalan t THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, March 1, 1999 Res. # Report #: WD-1 2-99 FILE #: By-law # Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JANUARY, ;1999 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Councfl the following: 1 THAT Report WD-12-99 be received for information. 1 BACKGROUND: 11 With respect to the Building Permit Activity for the month of January 1999, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF JAN 1999 YEAR TO DATE 1999 YEAR TO DATE 1998 Permits Issued 51 51 51 VALUE OF CONSTRUCTION Residential $5,375,430 $ 5,375,430 $ 3,003,755 Commercial $ 11,000 $ 11,000 $ 1,731,800 Industrial $ 0 $ 0 $ 569,000 Others $ 59,250 $ 59,250 $ 74,761 TOTAL $5,445,680 $ 5,445,680 $ 5,379,316 1101 7 i REPORT NO.: WD-12-99 PAGE 2 I 1 .2 With respect to non-residential building permit activities, the details are provided as follows: _ i APPLICANT CONSTR TYPE LOCATION $ VALUE I Birchdale Invest Pizza Nova 1420 Highway #2 11,000 Central 7 Assoc Alt (Grp Home) 2165 Concession Rd 10 59,000 i TOTAL 70,000 f Respectfully submitted, Reviewed by, f Jh—&-e -43 Stephen A. Vokes, P.Eng Franklin Wu Director of Public Works Chief Administrative Officer SAV*bb February 16, 1999 1102 u Permits Issued Housing Starts value of Construction G 9 it 11 Group I Jan 1999 1 1999 Y.T.D1 1998 Y.T.D) Jan 1999 1 1999 Y.T.D1 I 1998 Y.T.D1 Jan 1999 I 1 1999 Y.T.D. 1 1998 Y.T.D. ' h I I II l 11 SFD i I 1 13 1 13 I 1 11 1 1 8 I B ) 11 3,143,195.00 1, 3,143,195.00 1 1,345,265.00 II I I 11 I1 11 SDD I I 1 12 1 12 I 1 12 I I 1 6 1 6 I 1 7 I ( 966,990.00 1 966,990.00 1 1,070,000.00 11 II I 1 I I I 1 I I 1 U u SMD I 1 1 5 1 I 1 5 I I. : i 402,000.00 II 11 TWH ( 17 :1 17: 1 1 6. 1 6 1 5 1 1,214,445.00 (: 1,214,445.00 ( 11 n MUL u DFD ll I I I d 1 I I I I I I I I I I 1 q I I p :11 0TH ( 5 !1 5 1 10 "1 I ,I I 50,800.00 1 50,800.00 1 186,490.00 11, ,11 SUB-TOTAL. 1 47 `I 47. 1 38 :1 20'. 1 20 :1 28 1 5,375,430.00 1: 5,375,430.00 : 1 3,.003,755.00 11' I I I U If I i I I I I 11 COM 1 1 1 l 1 7 1 1 1 1 11,000.00 ( 11,000.00 1 1,731,800.00 11 II I I I I I I I I ! I u 11 IND I ) I 2 1 I 'I 1 I 1: : ( 569,000.00 (1 u INS 1 1 1 1 1 1. ( ) I 59,000.00 159, 000.00 1 11 u AGR p GOV 1 1 I 2 1 74,761.00 p HYn I 1 i 1 I I I I I II I 1 I I j II j A PLM 1 1 1 I I 250.00 250.00 II I u II 1 I 1 I I I I I I I 1 1 II REN 1 1 1 1 1 1 I I I I I I ` I II I II DEM I I I I I 2 I I I I I I II 11 SUB-TOTAL 1 4 1 i 1 13 ,1 I I 1 1 70,250.00 1 : 70;250.00 1 2,375,561.00 11 1 11 TOTAL 1 51 1 51 1 51 1 20 1 20 1 29 1 5,445,680.00 1 5,445,680.00 1 5,379,316.00 it II I II BP FEES 1 I I 57,325 1 57,325 1 I I 56,011 1 I I I 1 1 I I I 1 I I ) 1 I 11 1 I II II I II PP FEES 1 I 50 1 so 1 I I I I 1 it 11YU hyaro PLM Plumbing REN Renewal DEM Demolition tT' u Summary of Residential Unite by Geographical Areas {{ based on Building Permits Issued. Printed on 99.02.11 at 16:20 11 11 Current Year Figures to the End of 99.01.31 I� II URBAN AREAS RURAL AREAS HAMLETS YEAR { BOWM I COUR ( NEWC 1 WILM 1 ORON { DARL i CLAR ( BURK { ENFI I ENNI I HAMP 1 HAYD 1 KEND ( KIRB I LESK 1 MAPL { MITC { NEWT I SOLI I TYRO I TOTAL 1 76 i 239 1 2 1 5 1 1 3 1 19 1 18 1 1 1 1 1 2 ( 1 ( 1 1 1 3 1 1 3 1 1 1 ( 1 i 299— 1) 77 1 118 1 2 1 11 ( 1 7 1 29 1 26 1 I I ( 2 I 2 ( 2 I 1 1 I I 2 I 1 i I I 203 11 II 78 1 13 1 2 1 2 ( 1 45 1 19 1 25 1 1 1 I 1 1 1 i ( 1 1 1 1 1 5 1 2 1 2 1 1 119 {I 79 1 1 1 2 1 7 I I I 25 i 22 I i I I 1 1 1 I I 3 I I 1 I I 1 i I 63 11 1 Q 80 1 3 1 2 1 47 1 1 1 ( 19 1 12 I 1 ( 1 I I 1 I I I I I 3 I 1 I 88 {i 1) 81 1 1 1 1 3 1 1 2 1 28 1 25 1 1 1 1 I I 1 I I I 1 I I 2 I I 7 ( 2 1 73 11 82 1 60 1 1 1 5 1 1 1 1 24 1 14 i 1 1 I I I I I I I I I 1 1 2 1 5 1 114 II q 83 1 10 1 2 1 7 i 1 1 32 1 18 1 2 1 1 2 1 3 1 3 ( I I I ( 3 I 1 ( 1 I 1 84 I{ 84 1 9 ( 36 1 4 1 107 1 6 1 43 i 15 1 3 ( 1 1 1 2 1 1 1 ( 1 1 1 1 i 1 4 1 7 1 239 {I 11 85 1 61 1 276 ( 26 1 118 1 4 1 46 1 22 ( 9 1 1 1 1 3 1 3 1 I 1 I 2 I ( I 1 I 4 1 576 �1 m 86 1 125 1 579 1 105 1 173 1 2 1 82 1 33 1 18 1 1 9 ( 7 1 4 1 I I I 2 I 3 1 I 5 i 4 11151 11 11 11 87 1 365 1 670 ( 26 1 137 1 3 1 111 1 45 ( 12 1 1 14 1 5 ( 4 1 1 1 1 1 I 1 1 I I 5 1 2 11402 I (I 88 1 347 1 633 1 317 1 64 1 2 ( 123 1 44 1 21 1 1 15 1 4 1 1 I I ( 1 I I I 11 I 11582 11 u 89 1 181 1 697 ( 262 1 42 1 1 1 77 1 49 1 11 1 2 1 21 1 8 1 i I I ( I 1 1 2 1 4 1 1 11359 II II 11 90 1 199 1 305 1 28 1 6 1 1 25 1 20 1 5 1 I 4 I I I I I ( I I I 2 I 1 594 {I 11 91 1 433 1 255 1 46 1 2 1 1 1 15 1 11 1 1 1 1 2 ( 1 I I 1 1 I I I I 1 I 2 I 1 771 11 {� p 92 1 532 1 204 1 22 1 10 1 3 1 14 1 6 1 1 ( 1 1 1 1 1 1 1 ( I I I 1 1 I 1 1 1 797 �1 n 93 1 301 1 232 1 6 1 10 ( 3 1 9 1 6 1 1 I I I 3 I I ( I I ( ( I 1 I 1 572 {I 11 94 1 406 1 388 1 4 1 10 1 2 1 11 1 8 1 2 ( 1 1 I I 1 1 I 1 1 I 1 I 1 I ( 834 1� 11 95 1 229 1 170 ( 1 16 1 1 1 21 1 7 1 1 1 1 1 1 1 I 1 i I I 2 I ( 1 447 {I 11 96 { 217 1 331 1 3 1 16 1 1 17 1 10 1 11 I 3 ( 2 1 I I 1 I I I 2 I I 1 601 II 1 II 97 423 295 5 21 20 20 2 1 3 7 2 2 1 1 I 801 II I 11 98 1 313 1 254 1 4 i 33 I 1 14 1 12 ( 1 1 1 3 ( 1 1 1 I I I I I I I I ( 636 {1 fl 99 1 5 1 34 1 I I I n I I J -1 z 1 1 ► 1 I 1 1 I I 1 I I I I I t I t I 42 11 -_II d HISTORICAL COMPARISON OF BUILDING PERMITS based on Building Permits Issued. Printed on 99_02.11 at 16:20 Current Year Figures to the End of 99.01.31 YEAR RESIDENTIAL COMMERCIAL INDUSTRIAL AGRICULTURAL INSTITUTIONAL .GOVERNMENT ONT HYDRO :.) TOTAL 79 4,672,000.00 5,981,000.00 4,100,000:00 412,000.00 87,000.00 15,252,000.00 1 80 4,618,000.00 ( 832,000.00 2,505,000.00 101,000.00 X4,291,000.00 2,814,000.00 15,161,000.00 81 5,341,000.00 467,000.00 '.866,000.00 ( ': 156,000.00 246,000.00 86,478,000.00 93,554,000.00 82 ) 6,260,000.00 718,000.00 '256,000.00 127,000.00 1,506,000.00 ':. �', 7,466,000.00 16,333,000.00. 83 6,561,000.00 1,274,000.00 246.000.00 : 114,000.00 2,278,000.00 ( ( 7,281;000.00 17,754,000.00. f 84 13,450,000.00 1,262,000.00 1,885,000:00 120,000.00 ' 445,000.00 7,300,000.00 24,462,000.00 85 29,859,000.00 1,299,000.00 786,000.00 100,000.00 X1,719,000.00 1,330,000.00 630,000.00 3S,723,000.00: 86 65,010,000.00 ( 2,247,000.00 3,071,000.00 : 184,000.00 839,000.00 1,770,000.00 73,121,000.00, 87 90,705,000.00 4,619,000.00 4,365,000.00 231,000.00 !2,063,000.00 7,995,000.00 3,095;000.00 ) 112,873,000.00: r' 88 '.� 137,773,000.00 2,901,000.00 5,627,000.x:00 160,000.00 14,207,000.00 ! ? �, 1,439,000.00 '.� 162,107,000.00!{1 u89 148,434,000.00 3,149,000.00 34,1157,000.00 50,000.00 ( ;8,224,000.00 6,868,000.00 (; 24,139,000.00 225,021,000.00: ' 90 ) 57,581,350.00 ( 1,526,000.00 2,948,000.00 4,145,000.00 '. 3,678,000.00 430,700.00 70,309,050.00'��: 91 :) 65,698,000.00 3,859,300.00 1,324,000.00 r 438,000.00 ( 551,000.00 :. 17,000.00 1,521,500.00 73,408,800.00 :u 92 67,186,310.00 3,577,750.00 186,000.00 412,000.00 :1,389,000.00 { 5,585,000.00 21,413,500.00 99,749,560.00.��' �) 93 ".) 52,220,000.00 ) 5,109,000.00 '. 7,000.00 ( : 733,500.00 X5,183,000.00 428,000.00 705,500.00 '] 64,386,000.00;��. 194 ( 72,461,955.00 1,216,700.00 1,836,000.00 ( 276,100.00 1,258,500.00 ( 1,975,000.00 ( 1,816,750.00 80,891,005.00 {I 95 41,455,602.25 3,478,800.00 '551,000.00 584,900.00 .10,469,000.00 ', 359,000.00 � '. 136,500.00 57,034,802.25'1! 96 56,047,370.00 4,164,405.00 610,000.00 596,500.00 211,500.00 5,083,000.00 951,705.25 67,664,480.25_11 97 ( 72,334,758.00 16,573,38S.87 12,615,000.00 698,000.00 17,129,700.00 4,372,388.00 1,677,600.00 125,400,831.87:{1 98 60,673,258.00 11,067,876.76 3,,146,.000..00 ( '-438,100.00 .:.8,266,515.00 '; 1,477,761.00 281;000.00 :) 85,350,510.76.') �� 99 5,375,430.00 _11,000.00 .59,000.00 ' I 5,445,430.00 �� Monthly Building Report. Municipality of Clarington Printed on February 3, 1999 at 09:14 Permits Issued from 99.01.01 to 99.01.31 Page 1 Permit Name 0 Contractor Twp Lot Con LtPt MPlan IORPlan Street Address Type Units Sq Ft ( Value 98.0622 HUNTINGTON, LARRY SAME COUR 34 ( 2 230 1 824 46 ABURN LANE SFD/ADD/ 392.0 28,1100.00 98.0774 GREEN MARTIN HOLDING KAITLIN GROUP LIMITED BOWM ( 17 1 23-1 1940 ( 1931 9 IVORY COURT TWH// 1 1,312.0 72,160.00 p 98.0775 GREEN MARTIN HOLDING KAITLIN GROUP LIMITED BOWM 17 1 23-2 1940 ( ( 7 IVORY COURT TWH// 1 1,408.0 77,000.00 98.0776 GREEN MARTIN HOLDING KAITLIN GROUP LIMITED BOWM 17 1 23-3 1940 34 5 IVORY COURT TWH// 1 1,140.0 62,700.00 0 98.0777 GREEN MARTIN HOLDING I KAITLIN GROUP LIMITED BOWM ( 17 1 23-4 1940 COUR 3 IVORY COURT TWH// 1 1,007.0 ( 55,385.00 98.0778 ( GREEN MARTIN HOLDING KAITLIN GROUP LIMITED BOWM 17 1 23-5 1940 SAME ( 1 IVORY COURT TWH// 1 1,240.0 68,200.00 98.0821 ( 1298933 ONTARIO INC CARNOVALE DEVELOPMENTS I COUR 30 3 28-1 1945 HALMINEN BUILDING CO PIDDUCK STREET TWH// 1 1,319.0 73,000.00 98.0822 1298933 ONTARIO INC CARNOVALE DEVELOPMENTS COUR 30 3 28-2 1945 98.0980 PIDDUCK STREET TWH// ( 1 1,129.0 ( 62,000.00 98.0823 1298933 ONTARIO INC CARNOVALE DEVELOPMENTS COUR 30 3 28-3 1945 1 1,544.0 ( 85,000.00 PIDDUCK STREET TWH// 1 1,029.0 57,000.00 98.0824 1298933 ONTARIO INC CARNOVALE DEVELOPMENTS ( COUR 30 3 28-4 1945 SFD// PIDDUCK STREET TWH// 1 1,029.0 57,000.00 98.0825 1298933 ONTARIO INC CARNOVALE DEVELOPMENTS COUR 30 3 28-5 1945 ( PIDDUCK STREET TWH// 1 I 1,129.0 ( 62,000.00 98.0826 1298933 ONTARIO INC CARNOVALS DEVELOPMENTS ( COUR 30 3 28-6 1945 PIDDUCK STREET TWH// 1 I 1,319.0 73,000.00 98.0862 GRAFFI, STEVE 4 FLO ( STORYBOOK HOMES DARL 15 3 1 793 ( 1902 ' 3301 OLD SCUGOG ROAD SFD// 1 I 2,658.0 147,000.00 90.0933 SWITZER, ELSIE SUNSPACE MODULAR ENCL ' BOWM LIZA HOMES COUR 30 2 24 88 LIBERTY STREET SOUTH SFD/ADD/SUNROOM 140.0 9,000.00 98.0946 HALMINEN BLDG CORP SAME ( COUR 34 1 25L ( 1931 30 KILGANNON AVENUE SDD// 1 1,086.0 60,000.00 96.0947 HALMINEN BLDG CORP SAME COUR 34 1 25R 1931 ( COUR 95 KILGANNON AVENUE SDD// 1 1,521.0 84,000.00 98.0968 HALMINEN BUILDING CO SAME COUR ( 34 ( 1 26L 1931 SAME 85 KILGANNON AVENUE SDD// 1 1,086.0 60,000.00 98.0969 HALMINEN BUILDING CO SAME ( COUR ( 34 1 26R 1931 HALMINEN BUILDING CO I 87 KILGANNON AVENUE SDD// 1 ( 1,086.0 60,000.00 98.0970 HALMINEN BUILDING CO SAME COUR 34 ( 1 27L 1931 98.1012 80 KILGANNON AVENUE SDD// 1 1,619.0 89,000.00 d 98.0971 HALMINEN BUILDING CO SAME COUR 34 1 27R 1 1931 1 1,754.0 I 96,470.00 (� 78 KILGANNON AVENUE SDD// 1 1,366.0 75,000.00 SAME COUR 34 1 23R 1931 ' 109 KILGANNON AVENUE SDD// 1 1,937.0 106,535.00 �I 98.1014 ' 0 Permit Name I Contractor TV Lot Con L[Pt MPlan 10RPlan Street Address Type ( Units Sq Ft value 98.0972 HALMINEN BUILDING CO SAME COUR 34 1 128L 1931 74 KILGANNON AVENUE SDD// ( 1 I 1,366.0 75,000.00 98.0973 HALMINEN BUILDING CO SAME COUR 34 1 ( 28R ( 1931 ( 72 KILGANNON AVENUE SDD// 1 1,619.0 89,000.00 98.0975 HALMINEN BUILDING CO SAME COUR 34 1 36-1 1931 68 KILGANNON AVENUE TWH// 1 1,446.0 80,000.00 98.0976 HALMINEN BUILDING CO I SAME ( COUR 34 1 36-2 ( 1931 66 KILGANNON AVENUE ( TWH// 1 1,544.0 85,000.00 98.0977 HALMINEN BUILDING CO SAME COUR 34 1 ( 36-3 1931 64 KILGANNON AVENUE TWH// ( I ( 1,446.0 ( 80,000.00 98.0978 HALMINEN BUILDING CO SAME COUR 34 ( 1 36-4 ( 1931 ( 62 KILGANNON AVENUE TWH// 1 1,460.0 80,000.00 98.0979 HALMINEN BUILDING CO ' SAME COUR 34 1 36-5 1931 160 KILGANNON AVENUE TWH// 1 1,544.0 85,000.00 98.0980 HALMINEN BUILDING CO SAME COUR 34 ( 1 36-6 1931 58 KILGANNON AVENUE TWH// 1 1,544.0 ( 85,000.00 98.0984 ' CARNOVALE HOMES 1008941 ONTARIO INC COUR 33 2 20 ( 1876 ( 37 SAGEWOOD AVENUE SFD// 1 ( 2,089.0 115,000.00 98.0998 1000690 ONTARIO INC LIZA HOMES COUR 30 2 ( 21 1902 186 WILKINS CRESCENT SFD// 1 1,651.0 91,000.00 98.0999 1000690 ONTARIO INC LIZA HOMES COUR 30 2 22 1902 184 WILKINS CRESCENT SFD// 1 1,428.0 79,000.00 98.1000 1000690 ONTARIO INC LIZA HOMES COUR 30 ( 2 23 ' 1902 ' ' 182 WILKINS CRESCENT SFD// 1 1,651.0 91,000.00 98.1001 1000690 ONTARIO INC LIZA HOMES COUR 30 2 24 1902 ( 180 WILKINS CRESCENT SFD// ( 1 ( 1,428.0 79,000.00 B 98.1002 ' 1000690 ONTARIO INC LIZA HOMES ( COUR 30 2 25 1902 1 178 WILKINS CRESCENT SFD// ( 1 1,650.0 91,000.00 98.1003 1000690 ONTARIO INC LIZA HOMES ' COUR 30 2 ( 26 ' 1902 176 WILKINS CRESCENT SFD// ( 1 1,318.0 ( 73,000.00 98.1005 CONRAD, WAYNE SAME RAMP 17 ' 5 3 IOR-2931 3 KING STREET SFD// 1 1 23,952.0 ( 1,797,000.00 98.1011 HALMINEN BUILDING CO I SAME I COUR 34 1 21 1931 121 KILGANNON AVENUE SFD// ( 1 ( 2,149.0 I 118,195.00 98.1012 HALMINEN BUILDING CO SAME COUR 34 1 23L 1931 1 107 KILGANNON AVENUE SDD// 1 1,754.0 I 96,470.00 (� 98.1013 ( HALMINEN BUILDING CO SAME COUR 34 1 23R 1931 ' 109 KILGANNON AVENUE SDD// 1 1,937.0 106,535.00 �I 98.1014 ' HALMINEN BUILDING CO SAME COUR 34 1 24L ' 1931 ( 99 KILGANNON AVENUE SDD// 1 1,519.0 83,545.00 0 Permit ) Name Contractor ', "P Lot ( Con LtPt MPlan 1ORPlan Street Address �i. Type Units .-..--------i ( Sq Ft :. ( value �;{f d 98.1015 HALMINEN BUILDING CO !SAME ( COUR ) 34 1 24R 1931 (' 101 KILGANNON AVENUE SDD// ( 1 ( :1,608.0 88,440.00 q ;98.1019 '.) BIRCHDALE INVESTMENT .SAME COUR' 35 (:2 ( �.. 1420 HIGHWAY #2 U6 COM/ALT/PIZZA NOVA ( ;1,138.0: 11,000.00 98.1025 MCKENZIE, ELFRZEDA SAME COUR 39 MULL CRESCENT SFD/ADD/DECK ( ( '5,700.00 p 98.1026 ANDELWOOD HOMES :SAME COUR: ) 34 2 75 832 10 SAGEWOOD:AVENUE ( SFD// ! 1 :2,363.0' 130,000.00 98.1043 `) FORSEY, DON - ,SAME BOHM 96 SCUGOG STREET �.SFD/ADD/DECK : ( '1,100.00 u 99.0001 VERMEERSCH, REGINALD .SAME ( COUR 35 2 2 40R-3472 18 FOXHUNT TRAIL SFD// 1 ( '1,795.0 ! ( 97,000.00 99.0003 CENTRAL 7 ASSOC COMM ( ,KLARER 4 COMPANY BURK 20 10 ( 2165 CONCESSION ROAD 10 INS/ALT/GROUP HOME 59,000.00. 99.0009 MACGIRR, GARY 4 JAN BCR CONSTRUCTION DARL 25 6 21 ( 1897 2 BICE COURT SFD// P : 1 ( 2,967.0 235,000.00 p 99.0015 VOGEL,+JIM ( SAME : CLAR 25 3 3691 CONCESSION ROAD 4 .SFD/ALT/ROOF 667.0 7,000.00 99.0016 RYAN, NEIL TO BE DETERMINED DARL 39 WESTMORE:STREET REN/ADD/GARAGE 4 BDR 1,511.0 Q 99.0030 VANDYKE, ANNE SAME BOWM:.) �: 10 PARKWAY CR (. PLM /ALT/SPINKLER HD Totals '42 90,559.0 c 5,445,b80.00 Building Permit Fees $ 157,325.00 Plumbing Permit Fees S 50.00 Total Permits Issued 51.00 J v Monthly Building Report. Municipality of Clarington Printed on February 3, 1999 at 09:18 Building Starts (Actual) from 99.01.01 to 99.01.31 Pagn 1 Permit ( Name Contractor "p Lot Con LtPt MPlan 1ORPlan Street Address Type Units Sq Ft Value U 98.0830 1 GAY COMPANY LIMITED ' SAME COUR 30 2 6L 1939 48 CALECHE AVENUE SDD// 1 2,001.0 111,000.UU u 98.0933 SWITZER, ELSIE SUNSPACE MODULAR ENCL I BOWM 188 LIBERTY STREET SOUTH SFD/ADD/SUNROOM 140.0 9,000.00 98-0946 ( HALMINEN BLDG CORP SAME COUR 34 1 25L 1931 KILGANNON AVENUE SDD// 1 1,086.0 .0,000.00 (� 98.0947 HALMINEN BLDG CORP SAME COUR 34 1 25R ( 1931 95 KILGANNON AVENUE SDD// 1 1,521.0 84,000.00 98.0969 HALMINEN BUILDING CO ( SAME I COUR ' 34 1 26R 1931 87 KILGANNON AVENUE SDD// 1 1,086.0 60,000.00 98.0970 HALMINEN BUILDING CO SAME COUR 34 1 ( 27L 1 1931 80 KILGANNON AVENUE ' SDD// 1 1,619.0 89,000.00 98.0971 HALMINEN BUILDING CO SAME COUR 134 ( 1 27R 1931 78 KILGANNON AVENUE SDD// I 1 ( 1,366.0 75,000.00 98.0975 HALMINEN BUILDING CO SAME COUR 34 1 36-1 1931 68 KILGANNON AVENUE TWH// 1 1,446.0 80,000.00 98.0976 ( HALMINEN BUILDING CO SAME COUR 34 1 36-2 1931 66 KILGANNON AVENUE TWH// 1 1,544.0 65,000.00 d 98.0977 HALMINEN BUILDING CO ( SAME COUR 34 1 36-3 ( 1931 64 KILGANNON AVENUE TWH// 1 1,446.0 I 80,000.00 98.0978 HALMINEN BUILDING CO SAME COUR 34 1 36-4 1931 62 KILGANNON AVENUE TWH// 1 1,460.0 80,000.00 8 98.0979 HALMINEN BUILDING CO SAME COUR 34 1 36-5 1931 60 KILGANNON AVENUE TWH// 1 1,544.0 85,000.00 98.0980 HALMINEN BUILDING CO SAME COUR 34 1 36-6 1931 58 KILGANNON AVENUE TWH// 1 1,544.0 85,000.00 98.0984 CARNOVALE HOMES 1008941 ONTARIO INC ( COUR 33 2 ( 20 1876 37 SAGEWOOD AVENUE SFD// 1 I 2,089.0 115,000.00 98.0998 1000690 ONTARIO INC LIZA HOMES COUR 30 2 21 1902 186 WILKINS CRESCENT SFD// 1 1,651.0 91,000.00 98.0999 ( 1000690 ONTARIO INC LIZA HOMES COUR ( 30 2 122 1902 184 WILKINS CRESCENT SFD// ( 1 1,428.0 79,000.00 98.1000 1000690 ONTARIO INC [ LIZA HOMES COUR 30 2 23 1902 ( 182 WILKINS CRESCENT SFD// 1 ( 1,651.0 91,000.00 98.1001 1 1000690 ONTARIO INC LIZA HOMES COUR 30 ( 2 24 1902 ( 180 WILKINS CRESCENT SFD// 1 1,428.0 79,000.00 98.1002 ( 1000690 ONTARIO INC LIZA HOMES ( COUR ( 30 12 25 1902 178 WILKINS CRESCENT SFD// 1 1,650.0 91,000.00 98.1003 1000690 ONTARIO INC LIZA HOMES COUR 30 2 26 1902 176 WILKINS CRESCENT SFD// 1 1,318.0 ( 73,000.00 Building Permit Fees $ 18,186.00 Plumbing Permit Pees $ 0.00 Total Permits Issued 21.00 I ue �� 13U,UO0.UU �� Totals 20 31,381.0 1,732,000.00 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MARCH 1, 1999 Res. # Report No.: WD-13-99 File#: C.05.29.03 By-Law# Subject: TRAFFIC SAFETY ON ORONO STREETS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-13'-99 be received; 2. THAT adult crossing guards, all-way stops and pavement markings not be installed at the proposed Orono locations; and , 3. THAT Judi Campbell be provided with a copy of this report to advise her of the Municipality's Radar Message Board, which may be borrowed from the Public Works Department. REPORT 1.0 ATTACHMENTS No. 'l: Key Map No. 2: Correspondence dated November 15, 1998 from Judi Campbell No. 3: Radar Message Board Brochure 11U_ 9 f REPORT NO.: WD-13-99 PAGE 2 2.0 BACKGROUND 2.1 At a meeting held on December 14, 1998, the Council of the Municipality of Clarington passed the following resolution: "THAT the correspondence Item D-5 be referred to the Director of Public Works for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and I i i THAT Ms J. Campbell be advised of Council's decision." 3.0 REVIEW AND COMMENT 3.1 Vehicle Speeds 1 As a result of Judi Campbell's vehicular speed concerns, a number of Orono streets were monitored for sample operating speeds. Studies in the downtown area by the Region of Durham during 1995 showed an average speed of 42 km/hr with the highest speed recorded being 53 km/hr in the 50 km/hr zone. February 1999 Sample Speed Study Location Average Speed(km/hr) Main Street(Regional Road 17) at Millson Hill Drive 59.18 Main Street(Regional Road 17) in Downtown area 43.24 Mill Street at Millson Hill Drive 48.43 Residents wishing to check vehicle speeds and educate the public about their concerns may borrow the Municipality's Radar Message Board from the Public Works Department. This device is a community operated radar gun and electronic display board, serving as a road safety and educational tool by showing speeds to both residents and motorists (Attachment No 3). 1110 REPORT NO.: WD-13-99 PAGE 3 3.2 Crossing Locations for School Children: The Orono Public School provided figures of'three children crossing Main Street near Millson Hill Drive and eight children who cross Main Street in the downtown area. Crossing guard studies, as designed by the Institute of Transportation Engineers, are carried out with a stopwatch during crossing periods to determine the frequency of safe gaps. A February 1999 study again showed that an adult crossing guard is not warranted using the established guidelines. The low traffic volumes and slower speeds in the downtown core negate the need of an adult crossing guard.' A small number of children makes it difficult to justify the $6,100 annual expense of an adult crossing guard unless it is truly warranted for safety reasons. The preferred location for an adult crossing guard was identified in 1995, if needed in the future, and would require the loss of three downtown parking spaces. Staff will continue to monitor these and other crossing locations on an annual basis. 3.3 Request for All-Way Stops: The requested all-way stops'at the intersections of Church Street/Park Street and Church Street/Centre Street are unwarranted based on Provincial guidelines due to the extremely low traffic volumes. There does not appear to be a safety hazard at these locations but illegally parked vehicles can occasionally reduce visibility. The Municipality's By-law Enforcement staff provides periodic parking enforcement at these intersections. 3.4 Request For Pavement Markings: As noted in the letter,the faded white lines at the two intersections on Church Street offer a false sense of security for children at the two way stops which is why the lines have not been repainted for several years. The lines are now almost completely faded and will not be repainted'. 4.0 CONCLUSION 4.1 From the above, it is concluded that adult crossing guards, all-way stops and pavement markings are not required at the proposed locations. 1111 REPORT NO.: WD-13-99 PAGE 4 I i Respectfully submitted, Reviewed by, c), 1 a I Stephen A. Vokes, P. Eng., Franklin Wu, Director of Public Works Chief Administrative Officer 1 I RB*SAV*ce 24/02/99 Pc: Ms. Judi Campbell j P.O. Box 215 Orono, ON LOB 1M0 1112 illson Hill Drive I ca o qj ; I Subject o: . Locations 0 �' \ Or no Public c_ co School Centre Street �4 Park Street ' -ORON SUBJECT Sl-E / SlaUon stfBe � � E DRAWN BY:J.R.M DATE:FEB. 1999 °°"°ass°n Rd 5 REPORT WD-13-99 KEY 'MAP ATTACHMENT NO. 1 1113 2IRT, �,T T 7 T-f-11 Judi Campbell - - -- --- - 1 � , NOV 2 7 1999 P.O. Box 215 -------... ._ s� DEC I ®9 Orono, Ontario (983-9766) _______ u" -. ;VUNICIPALITY OF CWRINGTOI — - fAAYO-R'S OFFICE November 15, 1998 Dear Mrs. Hamre and Council: i As residents of the village of Orono, we have met recently to discuss concerns we have regarding safety on the streets in town. We would like to share these issues with you and ask that you ' consider adding the necessary safety implements to correct this problem. . I The speed in which vehicles enter our town via Main and Mill Streets is often excessive. This- and the fact that there are no physical stops on these streets combined with the congestion in the downtown area and vehicles attempting to make left-hand turns is a serious safety hazard. This is roily an accident waiting to happen. We are forced to step out from between parked cars and wait in the roadway for excessive amounts of time before an acceptable break in traffic permits us to cross. We feel our seniors and school children are especially at risk, as at times their judgement and speed are often impaired. The children living south of Sommerville St. on the west side of Main St. had busing removed from approximately three years ago and were not provided with a safe crossing area. The children to the north who do not qualify for busing,to do not have an adequate crossing area on either Main St. or Mill St. These routes are inadequate. We ask that you review them and provide these children a a&crossing. Speed deterrents would also be effective in keeping speeds at the proper limits in our residential areas. Moving closer to Orono Public School we ask that the white lines be repainted at Church and Park Streets and Church and Centre Streets as they are quite faded. These crossings offer a false security to children as they are only two way stops. Often children are unable to see beyond vehicles parked to the west (Post off ice and Armouries building) and again must step into the roadway to resume a safe crossing. We ask that these be made into four way stops to alleviate some of this-risk: -' - We thank you for your consideration and await your reply. Sincerely, J di Campbell(Main St. Business area) Blaine Johnson Church St.) ura Head (Main St. S.) Pain Mahoney(Mill St.) i Dix ^(David s Cres. Darlene Wybenga(Main t. N.) 1 11 4 REPORT NO.: WD- Community T The RMB is available free of charge to community representatives for use in your area. The unit is completely safe, easy to Radar Message Board o operate, and includes a community sign requesting drivers to "CHECK YOUR I If you ar SPEED" The RMB is available for up to one p postedsF This device is a key element in neighbourhood Road ( (1) work week (5 days). r reserve Watch Programs. The Radar Message Board(RMB) o ordinatoi is a community operated road safety device/ B By recording vehicle speeds,you can provide educational tool` which 'displays vehicle speed to a an RMB'Citizen'Report'that may include the P Phone: drivers and residents. f following`. a) all vehicle speeds obtained A Attentior. Promoted by b) the day and time of the study D Durham Commun c) the weather conditions` w where yo MUNICIPALITY OF `arintaton d d) licence plate numbers and description -- ONTARIO o of vehicles that exceed the speed = limit. = IG ci-I (905)263-2291 Traffic Section neighbourhood. ag tg, We request all users to abide by the following set of guidelines, which were established to maintain an acceptable level of safety to users and keep the equipment performing at it's best...for everyone to use. 1. The Radar Message Board (RMB)is permitted for use in daylight hours only, from dawn until dusk, and shall not be operated in the dark. 2. RMB will not be permitted to operate under the following environmental conditions: a) rain, snow, fog or any other form of precipitation; b) strong winds. 3. The RMB will be operated by 2 adults,over the age of 21, at all times. 4. A maximum of five (5) days is allowed per location. 5. RMB equipment may only be operated on streets which have residential frontages. 6. To meet minimum required sight line standards, the following distances shall be maintained at ALL times: 01\ a) RMB equipment, including LED Display Sign,shall be set back from the curb/edge of pavement a minimum of 1.0 meter(3'). b) Community Display Signs shall be set back from the curb/edge of pavement a minimum of 1.5 meters (5')and 15 meters (50') away from the RMB unit in the direction of travel. c) RMB shall not be set-up closer than 30 meters (100') to any major intersection. Please Note: If any of the conditions are not adhered to, the unit will immediately be seized. Should loss or damage of the unit occur as a result of neglect, the person will be held responsible for the repair or replacement of the damaged equipment. Instructions The 12V battery pack provided with the unit is designed to last 7- 8 hours,before it requires recharging. Please keep this in mind while operating the unit, as the battery will only be charged at Public Works facilities. Equipment Available: QTY 100' Extension 1 12V Converter 1 Radar Antenna & Carrying Case 1 Antenna Bracket 1 Antenna Cable (25') 1 LED Display Sign (3 digit) 1 Power Cable (6') 1 Support Stand (Tripod) 1 12V Lead Acid Battery & 1 Carrying Case Community Display Signs and Stands 2 Speed Limit Sign (40, 50 or 60 km/h) 1 Traffic Counter 1 Community Signs 2 Binoculars 1 RMB Citizen Report 1 Forms/Clipboard Set-Up: When connecting the cables to the sign,match the connector pins to the corresponding socket. NOTE:MATCH THE SMALL GROOVE IN THE CONNECTOR WITH THE SOCKET GROOVE. DO NOT TURN THE UNIT ON UNTIL YOU HAVE MADE YOUR CONNECTIONS. Screw the outer ring of the connector onto the receptacle to ensure proper connection. During power up, the sign will initiate a segment self test routine, once completed, a "dot" or decimal point will flash periodically indicating correct operation. Set up the sign on a level surface at the side of the road (following the required Guidelines). The speed sign is simple to operate, but always requires someone to stay with the unit. Each time an object's speed is measured, it's velocity is continuously updated and held for approx. 4 seconds. The digits then clear and reset for the next measurement. If the next object immediately follows the previous one, it's speed will take over and be displayed. Transmitted Beam: The antenna(gun)transmits a narrow cone-shaped circular polarized wave,similar to a flashlight beam. This beam cannot be seen or felt,and travels at the speed of light in a straight line until it hits solid objects which reflect or bounce the beam in various directions. The part of the beam which is returned to the gun is what is used to measure the speed. Do NOT use the RMB in high traffic volumes, as the unit will not be able to process mass amounts of traffic Road Operation: Be sure to clock vehicles heading directly towards or away from the sign, and not traffic in the distance or opposite lanes. Aim the gun slightly down towards the road surface,this will help target the selected vehicles. Stay away from power line insulation, fluorescent lighting and other moving background objects. The system is designed to function in temperatures ranging from -20C to +50c, and in 90"f. relative humidity (no condensation). The sign is water resistant but NOT WATERPROOF. The radar technology is completely safe, however, keep it away from your body and do not point it directly at other people. Speed Display: The sign displays speed in a 3 digit LED PUBLICATION DATE: FEBRUARY >, lS�''� format,in km/h. The LED's are high intensity for superb visibility even in bright sunlight. A built-in auto dimmer circuit reduces intensity during low ambient_light. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: File# GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: : Res.# MARCH 1, 1998 Fil By-Law# Report#: e#: Subject: ADMIN-07-99 MARKETING, TOURISM-& ECONOMIC DEVELOPMENT OFFICE STATUS REPORT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report #ADMIN-07-99 be received for information. 1.0 BACKGROUND: ' 1.1 Over the past 3.5 years the Marketing, Tourism & Economic Development Office has experienced unprecedented growth and development. The mandate of this Department is to promote the Municipality of Clarington to individuals, organizations and businesses inside and outside of our boundaries. This report updates Members of Council and the community by providing information regarding the activities and projects of the Marketing, Tourism & Economic Development Office (MTED) over the past 6 months. 1.2` For clarity and brevity, this report will be in an abbreviated format so as to provide all readers with as much information and detail with as few words as possible. 2.0 ADVERTISING: 2.1 As a business location - Advertisements have run in 1 Canadian (Trade & Commerce), and 4 US based magazines in 1998 (US Sites & Development; Area Development; Plants, Sites & Parks; and, Expansion Management ). These publications are sent to industry decision-makers and site location firms in both Canada and the United States In 1998, these advertisements generated more .J2 1201 REPORT ADMIN-07-99 -2- MARCH 1, 1999 than 70 leads from businesses interested in getting more information about Clarington. Each lead was sent printed material (e.g. Community Profile, Visitor Guides & Maps, general promotional brochure) to introduce Clarington further and to give the reader a sense of all the opportunities available in this community. Second, prioritized leads were contacted by telephone to ensure that the material sent had been received and to determine if there was anything further that the MTED office could provide to assist with the decision process. 2.2 As a tourism destination - Focused tourism advertisements were placed in the 1998 and 1999 Durham Region's Visitors Guide, Group Tour- Great Lakes Edition magazine, Discover Durham (Metroland Special insert); Durham Countryside Adventure brochure; Durham Central Agricultural Fair program; Globe & Mail's Discover Ontario & Quebec travel insert. Some of the placed ads are done in cooperation with other partners. The ads placed in the Group Tour - Great Lakes Edition magazine have been done in cooperation with Tourism Durham. A local advertising cooperative ad was placed in a special Discover Durham insert that was produced by the Metroland Publishing Group (the Clarington ad occupied the centrefold area of this publication). The advertising placed in the Group Tour magazine has resulted in over 100 leads to travel consultants, tour groups and individuals in the United States who read our ads and requested a copy of the Visitors Guide. The majority of these leads were followed up either by telephone or by letter. 3.0 CLARINGTON COMMUNITY PROFILE: 3.1 The MTED office is responsible for a number of print productions - both annual and non-annual. The Clarington Community Profile is a 20-page full colour print production that provides statistic and demographic information regarding the Municipality of Clarington. This project was 7 months from collection of information to project completion in December 1998. Information presented was collected from various sources including: Region of Durham, Clarington Planning & Development Department, Enbridge Consumers Gas and Statistics Canada. A total of 5,000 copies have been printed with a significant number having already been sent to advertising leads and local businesses. This document is a .J3 1202 REPORT ADMIN-07-99 -3- MARCH 1, 1999 strong source of information for existing and potential business clients to use to facilitate their decision-making process. 3.2 Since the majority of the provided information is provided by the statistics collected by StatsCan every 5 years, the new Community Profile will have a shelf-life of 3 years since the year 2001 is the next (scheduled) Census year. Local statistics (such as housing starts, building permit activity, tax information) will be updated on an annual basis - through the in-house publication "Clarington Facts" and on the Municipality's web site. 3.3 The new Community Profile features many of the pictures submitted in the "A Day in the Life of Clarington" photo contest held during the 1998 summer. This has provided the benefit of providing a local "picture" of how our residents and visitors see our Municipality. 4.0 1999 VISITORS GUIDE: 4.1 The Clarington Visitors Guide was first printed in 1996 and, since that time, has grown in popularity and readership. The positive response to the Visitors Guide in previous publications, resulted in the production of 50,000 copies of the 1999 edition. Other changes to the Guide included minor format changes and, more significantly, a higher quality of paper. This annual production is supported, in part, through paid advertising from our local tourism partners. In 1999, more than 50% of the total production cost was paid through the sale of advertising. 4.2 The Guide is distributed throughout the Province of Ontario (in local tourism offices as well as Ontario Tourism locations). Copies are also sent "south of the border" into northern New York State with new points of distribution being confirmed in the States of Michigan and Ohio. All local partners receive copies of the Guide for distribution from their locations. Operations, such as the Information Centre at the Darlington Nuclear Generating Station, Darlington Provincial Park, Mosport,`Bowmanville Zoological Park and Orono Jungle Cat World, are key partners in the local distribution of this document. Other government departments (e.g. Durham Region Economic Development & Tourism, Ontario Ministry of Economic Development, Trade & Tourism) and regional tourism/information offices (Oshawa Chamber of Commerce's Tourism /4 1203 i REPORT ADMIN-07-99 -4- MARCH 1, 1999 Office, Oshawa Centre's Information Kiosk and the Whitby Information Office) are sent copies of the Guide for distribution from their locations. 5.0 COMMUNITY ACTIVITY GUIDE: 5.1 The Community Guide is produced twice annually (Fall/Winter and Spring/Summer) to provide information to residents regarding the services, facilities and programs provided by the Municipality of Clarington. Much of this document is dedicated to the programs and services provided by the Community Services Department. 5.2 The Spring/Summer 1999 edition is currently in the final stages of production and should be available for household delivery prior to the March Break. Just as the Municipality of Clarington has grown, so has the size of the Community Guide. This is probably one of the best read documents produced by the Municipality and is usually kept for the entire duration of its estimated shelf life (i.e. 6 months). In preparing this current edition we need to increase the number of pages from the traditional 56 pages to a total of 64 pages (not including the covers). This was to accommodate new submissions from municipal departments including Planning & Development and Community Services. This publication has become a favourite advertising opportunity for a number of our local businesses. To accommodate the space requests (which are limited so as not to change the focus of the publication) MTED authorized the inclusion of 4 additional full-colour process pages for advertisements. 5.3 In the past, changes as noted here would not have been feasible, as they increase the overall cost of the Guide's production proportionately. In past productions, the Municipality was guaranteed maximum advertising revenue, which was used to reduce the project's printing expense. By retaining the responsibility of selling advertising space (and thus receiving the full benefit of the advertising revenue), the advertising revenue has more than doubled for this publication alone. This is used to pay for the increased number of pages and colour process in addition to reducing the cost of production. The Fall/Winter edition will begin production mid-May with the household distribution being in early August. ../5 1204 REPORT ADMIN-07-99 5- MARCH 1, 1999 6.0 BUSINESS DEVELOPMENT: 6.1 Since becoming responsible for the function of business development, much effort has been made to establish strong communication linkages with the Clarington business community. This activity has many roles but the primary one has been to work with businesses who are already operating in Clarington. In many ways, existing businesses are the key players in promoting this Municipality to new business clients. Equipping the business community with a working knowledge of the available municipal service results in the long-term effect of'creating a larger "sales force". This sales force works with representatives of the Municipality to encourage new businesses to relocate or expand into this community. This is a basic tenant of the proposed agreement with the Clarington Board of Trade. 6.2 As of January 21, 1999, the Clarington Board of Trade is officially incorporated as a business entity. The draft agreement between the Municipality and the Board of Trade has been forwarded to the Directors of the Board for review. The; agreement details the terms and conditions governing the operation of the Board as provided for in Report ADMIN-56-97. Once the Board has completed its review, the Agreement will be brought forward to Council for review and execution. 6.3 An important function of the Marketing, Tourism & Economic Development Office is to help individuals find their way through the process of starting their own business., In doing this, the Marketing, Tourism & Economic Development Office teams up with other municipal departments (specifically the Planning & Development Department) to ensure that the client has all the necessary information to base their future decisions. The Planning & Development Department has been a strong process partner dealing with questions of permissible uses and zoning requirements. In working with new clients referrals to other organizations, agencies and levels of Government. For example, inquiries are often referred to the Ministry of Consumer and Commercial Relations, the Better Business Bureau, the Durham Region Health Unit and the Durham Region Economic Development Department. In some cases, MTED .J6 1205 REPORT ADMIN-07-99 -6- MARCH 1, 1999 staff make the inquiry on behalf of the client while in others, the client makes the direct contact. The intent of the information referral process is to assist the client to identify the resources that are needed to assure "start-up" success. 6.4 Quite often, a potential client or site locator asks about incentives that the Municipality provides to businesses relocating to this community. Although tax incentives/deferrals are not possible, other initiatives could be investigated and developed. To establish a plan for this an in-house study could be undertaken to determine what other municipalities and communities do to attract business. This information would form the basis of a proposal brought forward for Council's consideration. 7.0 www.munici pal ity.clarington.on.ca: 7.1 The Municipality of Clarington is promoted online through a comprehensive information web site since September 1996. Since its inception, the web site has experienced an ongoing growth of online readership. YEAR 1998 1997 1996` ANNUAL VISITORS 160,474 78,583 13,351 VISITS/DAY 441 216 108 % CHANGE 204.2 200.0 The 1996 data is from September 3, 1996 to December 31, 1996. If the trend for visits per day (108/day) is extrapolated for an entire year, site may have had as many as 39,420 during the January 1, 1996 to December 31, 1996 period. ../7 1206 REPORT ADMIN-07-99 - 7- MARCH 1, 1999 7.2 The following table identifies the most popular pages downloaded by site visitors. PAGE JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC TOT Alphaindex.html 207 228 284 247 219 233 278 256 363 264 202 213 2,: business/ecodev.html 50 44 52 61 businessffactfig.html 46 69 75 60 81 68 123 103 68 66 commun/bowman.html 50 91 88 71 87 84 142 129 168 79 67 49 1, commun/commun.html 54 67 71 44 75 59 commun/courtice.html 41 52 54 54 53 70 27 commun/cproflle.html 89 109 131 121 97 140 122 84 184 140 97 99 1, council/townhall.html 107 91 82 67 63 71 74 41 124 81 41 63 dept/admin.html 37 33 52 64 40 33 45 35 92 73 43 44 dept/agenda.html 63 62 57 48 62 68 40 79 113 63 66 dept/deptindx.html 88 125 122 116 82 _91 93 71 171 95 73 78 1, tourism/accom.html 43 40 35 30 46 45 75 50 24 tourism/events.html 53 65 75 53 50 69 68 68 144 66 51 57 tourism/rec.html 89 - 94 131 95 79 111 90 87 145 112 93 106 1, tourism/tourist.html 90 93 138 129 133 124 207 192 210 166 87 98 1, whatsnew.html 91 101 101 92 87 112 82 54 138 82 59 56 1,+. TOTALS 323 353 1,551 888 1,245 1,40 895 717 1,78 978 290 r771 8 15,- 7.3 ' The following chart provides a summary of visitors to the Clarington website from the first day of activation (September 3, 1996) to December 31, 1998 (data for January 1999 is also shown). Annual Web Site Statistics 200,000 i 100,000 ,-i;' w . O Education, Commercial I I ' � Canada(.ca) I Netvrork, it Inlemational I Unresolved i TOTAL � (.com) �Organlzatlons I � � . ®1998 .34.264 64,8E 27,428 3,351 30,64 80,474 ®1997 23,797 23,020 14,063 2,077 15,896 78,853 C3 1996 4,688 3,906 1580 134 2,843 13,151 i p 1999 1 3,333 I 8,454 2,862 421 2,835 7/,905 i Originating Domain L 127 REPORT ADMIN-07-99 -8- MARCH 1, 1999 7.4 Updating the Clarington web site is an ongoing activity to ensure that the data and information provided is current and accurate. In the past year new pages (such as the Council Agenda, Vendor Application - an interactive form filled out on the web site - Employment Opportunities) have been added to the site. Linkages need to be implemented that will take a visitor from our front cover to the page of interest directly. This redesign is to be completed before the end of May. 8.0 TOURISM: 8.1 More than 1 million people visited Clarington tourism attractions and sites in 1998. The most frequently visited sites include: Archibald Orchards & Estate Winery; Bowmanville Zoo; Courtice Flea Market; Darlington Nuclear Generating Station (Information Centre); Darlington Provincial Park; Empire Orchards & Herb Farm; Jungle Cat World; and, Mosport Park. Detailed information on Clarington's Tourism Profile is available in the Community Profile publication. 8.2 The new Tourism Office opened in August 1997. Since that time, more than 20,000 visitors have attended to office to collect information and ask questions about the tourism opportunities available in this Clarington. Although material from other tourism locations is available, the priority is to promote Clarington tourism. The Office is open full-time (7 days per week) from May 1 st to the Thanksgiving weekend in October. In the "off-season" (i.e. Mid-October to the end of April) the Office operates on reduced hours (closed Tuesdays and Wednesdays). 8.3 The Clarington Tourism Partnership is a new initiative that intends to improve communications and networking between the Municipality and our tourism operators and between the operators themselves. This informal committee meets every two months to discuss issues and activities that have the potential to impact their operations. Recent meetings have included discussions on the Municipality's Sign By-law and the Canadian Tourism Oriented Directional Signage (TODS) program. The TODS meeting was attended by John O'Toole, M.P.P. and Linda Zeisner, (representing the Ministry of Economic Development, ../9 I 1298 REPORT ADMIN-07-99 -9- MARCH 1, 1999 Trade and Tourism) to hear the concerns of the Clarington Tourism Partnership. Future meetings will focus on co-operative promotional and learning opportunities. 9.0 CLARINGTON'S 25TH: 9.1 This milestone in the growth and development of the Municipality of Clarington is being celebrated throughout the year. The overall plan is to incorporate working with community organizations to develop a plan whereby the Municipality and the organization may collaborate. Some projects have been initiated and there will further detail provided on the others once the plans have been established. The projects started include: • The newly designed Municipal Flag has been received and a supply is on hand in the MTED Office. The flag is being unveiled at the General Purpose and Administration Committee Meeting • A Writing Challenge for youth, 8 to 18 years of age has been announced and is a joint venture with the Clarington Public Library. The deadline for submission is mid-March. • A special Video Contest is planned through which amateur "videographers" will be invited to submit videotapes highlighting various aspects of living and visiting the Municipality of Clarington. Specific details are not available at this time but will be provided to Members of Council by the end of March. The process will be quite similar to the "Day in the Life" Photo Contest which was hosted during the summer of 1998. A special event or screening of submitted videotapes is planned for this fall (1999). "Day in the Life of Clarington" Photo Contest held last summer resulted in over 80 photographs being submitted. Many of these have been incorporated into a number of Clarington publications including the Community Profile and the Clarington Visitors Guide (1999 edition). Submitted photos are also planned for inclusion in the new "Clarington Today" newsletter and on the Municipality's web site. 9.2 A special event to celebrate the anniversary of Clarington is planned for August of this year. This event is envisioned as a family event and will highlight the opportunities and lifestyle that is unique to Clarington. Local entertainment and community participation will be the foundation of this event. A detailed report will be submitted to Council for review and consideration at a subsequent General Purpose & Administration Committee Meeting in early April. ../10 1209 REPORT ADMIN-07-99 - to- MARCH 1. 1999 10.0 SPECIAL PROJECTS: 10.1 The Marketing, Tourism & Economic Development Office is a "corporate" operation as it has worked with various municipal Departments on special projects and events. This Office also works with a number of external organizations and agencies. The focus in this effort is to establish and maintain a consistent and professional image of the Municipality of Clarington. Special projects range from print publications to actual events. The following lists some of the special projects that have either been completed or are in process. • Durham 2000 Games Media Relations Plan -submitted in partnership with the Community Services Department for inclusion in the Durham Region's (successful) proposal for hosting the Provincial Summer Games. • Volunteer Recognition Program - in partnership with the Clerk's Department and Clarington Council. The program is scheduled for Thursday April 22, 1999 at the Clarington Beech Centre. This event focuses on and recognizes the many contributions that Clarington's volunteer community makes to our community life. . • The "Clarington Today" newsletter is in the process of conceptual design. This project, suggested by the Chief Administrative Officer, will not duplicate information or articles that can be read in local and/or regional publications. The newsletter will focus on the Municipality of Clarington and will help us keep our community (both business and residential) advised and informed on issues and activities that may have an impact to them. Regular features are planned and could include (but are not necessarily limited to): Clarington at the Greater Toronto Services Board (GTSB); Department Highlights; Special Projects (e.g. the Y21< i Committee); Tourism; and, Municipal Events. At this time, it is thought that the publication will be produced two or three times per year and will be distributed to all Clarington households. The first issue is planned for release in late May. Before this, Council will receive a detailed report providing information on the editorial process and overall focus of this publication. i 11.0 COMMITTEES: 11.1 The Marketing, &Tourism Officer is the municipal liaison to a number of committees both local and regional. These include: • Clarington Business Group • Clarington Board of Trade • Ontario Tourism Marketing Partnership - GTA Committee i • Durham Countryside Adventure 121 REPORT ADMIN-07-99 - 11- MARCH 1, 1999 • Taste of Clarington • Durham Region Economic Development Liaison • Tourist Association of Durham Region (TADR) ® Durham Region Film.Commission • Clarington Tourism Partnership 12.0 CONCLUSION: 12.1 The purpose of this report is to provide Members of Council a status updated with respect to the activities and projects undertaken by the Marketing, Tourism & Economic Development Office. It is staffs intention to provide such information reports on a regular basis. Respectfully submitted, Reviewed by, Je ifer.J. Coo 'D.M.R., AMCT(A) Franklin Wu, Mtn To & Chief Administrative Officer E nomic De lop nt Officer *JJC 211 THE C gEP2 ATjOATOFf HICP F NECASLEINGTON pRI N E f OWT XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: MARCH 1, 1999 Res. # Report#: ADMIN-0 -99ile#: By-Law# Subject: CLARINGTON BEECH CENTRE LEASE 26 Beech Avenue,Bowmanville Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report No.ADMIN-03-99 be received; 2. THAT the lease agreement with the Clarington Older Adult Association Inc. for a ten year term for a nominal fee of$2.00 be approved; 3. THAT the attached By-law marked Attachment#1 be approved authorizing the Mayor and Clerk to execute the agreement substantially in the form of the lease agreement to lease with the Clarington Older Adult Association Inc.;and 4. THAT copies of this report be forwarded to the Clarington Older Adult Association Inc. 1.0 BACKGROUND: 1.1 As Council is aware,the Municipality has been in negotiations with the Clarington Older Adult Association Inc. for the use and operation of the Clarington Beech Centre at 26 Beech Avenue, Bowmanville. 1.2 Also,the'Municipality has assisted the Clarington Older Adult Association Inc. in the preparation of two sub-leases with the Clarington Community Care and the Bowmanville Lions Club. Both parties will be entering into an agreement with the Clarington Older Adult Association Inc. to operate their programs at the Centre. 1.3 The Clarington Community Care Agreement includes terms and conditions for the operation of the Community Care Program at the Centre. The term of the Lease is ten years and it permits exclusive use of 1,400 square feet on the main floor. 1.4 The Bowmanville Lions Club Agreement includesterms and conditions for the use of the billiards room dinner and executive meetings of the Lions and Lioness and the operation of the nursery school.The term of the Lease is five years. J2 APPR «I 1212 11156 PRWEDD REDYDIED PAPER REPORT ADMIN-03-99 -2- MARCH 1, 1999 2.0 TERMS AND CONDITIONS: 2.1 The agreement being recommended to Council is for the entire building and associated grounds which includes the tennis courts and parking lot areas consistent with discussions and the understanding of Council. 2.2 The Clarington Older Adult Association Inc.will be responsible for all operating costs including janitorial, utilities etc.with the Municipality responsible for the physical plant and building structure.The term of the agreement is 10 years with an extension for another term of 10 years. 2.3 In this agreement,the Clarington Older Adult Association Inc.will be responsible for any taxes levied against the building/property.At this time there are no taxes assessed.The Clarington Older Adult Association Inc. indicated their concern that if and when the Province imposes additional charges such as tax bills,assessment designation,they will have serious financial operating concerns.This agreement allows the Clarington Older Adult Association Inc.to re-open discussions of this clause to arrive at a mutually satisfactory agreement respecting the payment of additional rent. 2.4 The Municipality has included several clauses which relates to financial accountability to protect the Municipality in the event of a default.The Clarington Older Adult Association Inc.as per their Constitution and By-laws have appointed Michael Sullivan Chartered Accountants as their Auditor. The Auditor will ensure that proper financial records are maintained in accordance with this Agreement. 2.5 The Clarington Older Adult Association will remit to the Municipality,over the term of this agreement, repayment of the cost for the construction and installation of the "leasehold improvements" for Community Care. 3.0 PROGRAM ACTIVITIES: 3.1 For your information I have attached Schedule A,which indicates the daily programming of the Clarington Older Adult Association at the Clarington Beech Centre. 4.0 TREASUER AND SOLICITOR: 4.1 The Treasurer and the Municipality's Solicitor have reviewed the terms and conditions of the Agreement and concur with the recommendations contained in this report. Respectfully submitted, Reviewed by, Fre ric orvat ,R.D.M.R.,R.R.F.A. Franklin Wu, Property Managerand Health& Safety Officer Chief Administrative Officer FH:sa 1213 CLARING' 26 BEECH AVENUE, BOWMA P 9 am Walking Monday -� Osteoporosis Support Tuesday I� 9 Wednesday Group Thursday pm 10 am Friday { 11 am Tai Chi 1 Social Bridge 2 Quilting 3 Sit'n Chat 1:30 Yoga 4 12noon 5 2:45 9 am Walking 1 pm 10 am Social Bridge 9 am Walking 9 10 am am Line Dancing To?Be Announced 1 9 am 9:30 Walking Crafts - Vaientine Cards 22 9 am Exercise 10 am Euchre Sit'n Chat 9 10 am am Exercise< Modified Exercise l pm Bunka Gentle Exert'°- 9:30 Shuffleboard Sit'n Chat 10 am Gentle Exercise Tai Chi 9 10 am 12noon Hot Luncheon 9:30 Ouilling 1 pm Bridge 1:30 10 am Book Club 1 pm 11 am 1:00 Quilting Yoga 1 pm Square Dancing 1 pm Shuffleboard 1 p Euchre 1 pm Drop-In Bingo Social Bridge 1:30 Yoga Drop-in Games Room -1 pm Newcomers Club I pm Drop-in Games Room 1 p Darts, Billiards, Games, pm Darts, Billiards, Games, 2 2:45 Yoga 1 pm Darts,rBilliards, Games, Ping Pong Neil McGregor Ping Pong pm 55 Alive Defensive 7 pm Duplicate Bridge Ping Pong 8 g 10 11 12 9 am Walking 10 am Euchre 9 am Walking 9 am Line Dancing 9 am 9:30 Walking Crafts Folk Art 9 am Exercise 10 am Social Bridge 9 am 'Exercise 1 l pm Bridge Euchre 9:30 - Shuffleboard 10 am Gentle Exercise loam Sit'n Chat Luncheon 10 9:30 am Modified Exercise Quilling 1 pm p Darts, Billiards, Games,° 10 am Book Club 11 am Tai Chi l2noon 1 Hot Square Dancing 1 pm Shuffleboard Ping Pong l pm Drop-In Bingo 1:00 1:30 Quilting Yoga pm 1 pm Newcomers Club 1 pm My Eyes are not as Good 2:45 Yoga 1 pm Darts, Billiards, Games, as They Used to be! l pm Safe-Tea 7 pm Duplicate Br�_�::e Ping Pong ,r t6 I 17 18 19 9 am Walking Walking 9:30 Osteoporosis Support 9 am Exercise 9 am Group 10 am Gentle Exercise pm 10 am Euchre 11 am Tai Chi 10 am Social Bridge 1:00 Quilting l0 am Sit'n Chat 1:30 Yoga Bunka 12noon Hot Luncheon 2:45 Yoga 1 1 pm Square Dancing 7 pm Duplicate Bridge Plants from Seed 1 pm Newcomers Club Ping Pcng 1 1 om Darts, etc_ Games Room 23 22 9 am Walking 10 am Euchre 9 am Exercise 10 am Social Bridge- 10 am Gentle Exert'°- Walking 10 an Sit'n Chat 11 am Tai Chi 9 12noon Hot Luncheon 1:00 Quilting am 1 pm Square Dancing 1:30 Yoga 1 pm Newcomers Club 2.45 Yoga Quillina 1 pm Darts, Billiards, Games, 7 pm Duplicate Bridge 1 pin Ping Pong 9 am Walking 9 am Line Dancing 9 am Exercise 1 pm Euchre 10 am Modified Exercise 1 pm Social Bridge 9:30 Ouilling 1 pm Bunka 1 pm Shuffleboard 1 pm Darts, Billiards, Games, 1 pm Plants from Seed Ping Pcng 1 pm Drop-in Games Room 24 25 9 am Walking 9 am Line Dancing 9 am Exercise 10 am Walking on t` _ Wild Side 10 am Modified Exercise Roy Forrester 9:30 Quillina 1 pm Euchre 1 pin Shuffleboard 1 pm Social Bridge 1 pm Drop-in Games Room 1 pm Bunka 1 pm Darts, Billiards, Games, 2 pm Financial Planning - Ping Pong Neil McGregor 2 pm 55 Alive Defensive Driving Course 9 am Walking 9:30 Crafts - Picture Frames 9:30 Shuffleboard 10 am Book Club 1 pm Social Dancing 26 9 am Walking 9:30 Crafts - Pen & Ink Gift Bags 9:30 Shuffleboard 10 am Book Club 11:30 Soup & Sandwich lunch 1-3:00 Update on current Seniors Benefits: Federal Government, Human Resources Development - Canada Note: Try the new low-cost Soup &Sandwich lunch on Friday Febru=ary 26. o�inH-r- Tho nnwns*.airs Games Room is now available daily for drop-in darts, ping pong, tames, cribbage, etc. Also, Billiards on Tuesdays and Thursdays. ATTACHMENT #1 BY-LAW 99- Being a By-law to authorize a lease agreement between the Corporation of the Municipality of Clarington and the Clarington Older Adult Association Inc., in respect of a lease for the premises situated at 26 Beech Avenue, Bowmanville. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: I 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a lease agreement between the Clarington Older Adult Association Inc., and said Corporation. 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of March, 1999. By-law read a third time and finally passed this day of March, 1999. Mayor Clerk 1215 DRAFT#9 January 26, 1999 THIS Lease is made as of the lst day of October, 1998 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the"Landlord") OF THE FIRST PART -and- CLARINGTON OLDER ADULT ASSOCIATION,a non-profit company incorporated under the laws of the Province of Ontario (the"Tenant") OF THE SECOND PART i LEASE 1216 !ABLE OF CQNTENTS ARTICLE ONE PREMISES,TERM,OFFER AND USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1 Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . 1.3 Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 Nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE TWO RENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.1 Rent and Basic Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 2.2 Additional Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.3 Community Care Office Facilities Leasehold Improvements . . . . . . . . . . . . . . . . 2.4 Rent Past Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE THREE REPAIRS,MAINTENANCE AND ALTERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1 Landlord's Duty to Repair. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3.2 Tenant's Duty to Maintain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3 Cost of Remedying Tenant's Default Additional Rent . . . . . . . . . . . . . . . . . . .. . . . . . . . < 3.4 Prior Approval Required of Tenant's Alteration of Premises . . . . . . . . .. .. . . . . 3.5 Construction Liens . . . . . . . . . . . . . . . . . , 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6 Notice of Accidents,etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE FOUR REMOVAL OF TENANT'S FIXTURES AND EQUIPMENT . . . . . . . . . . . . . . . . . . 4.1 Right to Remove Fixtures, etc. . . . . . . . . . . , < ARTICLE FIVE ACCESS AND ENTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5.1 Access to Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5.2 Entry not Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE SIX INSURANCE AND INDEMNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6.1 Tenant's Duty to Insure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6.2 Terms of Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6.3 Evidence of Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6.4 Failure to Provide Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6.5 Indemnity . . . . . . . . . . . . . . . . . . . g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.6 Responsibility for Loss or Damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6.7 Benefit of Indemnity, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . 6.8 Dangerous Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE SEVEN DAMAGE AND DESTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7.1 Damage to Building 10 . . . . . . . . . . . . . . . . 7.2 Insured Damage to or Destruction of Building . . . . . . . . . . . . . . . . . . . . . . . . . 10 7.3 Uninsured Damage to Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1 7.4 Termination of Lease After Destruction or Damage to Building . . . . . . . . . . . . 11 7.5 Actions Following Termination . . . . . . . . . . . . . . _ 11 �n ItaNin�►�ii►►n I►I�I��iihli���i II I ►�����►. �i��� I►�iiu�n�i����l 1217 ii 7.7 Restoration of Building and Insurance Proceeds . . . . . . . . . . . . . . . . . 7.8 Determination of Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7.9 Limitation of Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE EIGHT ASSIGNMENT, SUB-LEASE AND LICENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8.1 Consent Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8.2 Consent Granted for Certain Sub-Leases and Licences . . . . . . . . . . . . . . 12 ARTICLE NINE DEFAULT. . . . . . . 13 9.1 Events of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 9.2 Right of Re-Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 9.3 Legal Expenses to Recover Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9.4 - Right of Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9.5 Right to Re-let .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9.6 Separate Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE TEN TENNIS COURT LEASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 10.1 Assignment of Tennis Court Lease 15 ARTICLE ELEVEN EXTENSION OR RENEWAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 11.1 Option to Extend or Renew Lease 15 ARTICLE TWELVE FINANCIAL AFFAIRS AND MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12.1 Financial Records,etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12.2 Auditor's Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE THIRTEEN GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13.2 Schedules Form Part of Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 13.3 Quiet Enjoyment. . . . . . . . . 17 13.4 Covenants . . . . . . . . . . . . . . 13.5 No Partnership or Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 13.6 PST and GST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 13.7 `,Overholding No Tacit Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 13.8 Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 13.9 Distress . . . . . . . . . . . . . . . . . . . . . . . . . 13.10 Rules Regarding Use of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 13.11 Premises to be Smoke Free . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 13.12 Costs . . . . . . . . . . . . . . . . . 18 13.13 Set-Off and Accord and Satisfaction . . . . . . . . . . . . . . . 18 13.14 Authority of Landlord, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 13.15 Parties to Act in Good Faith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 13.16 Landlord's Property Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 13.17 Landlord's or Tenant's Issues . . . . . . . . . . . . . . . . 19 13.18 Notices . . . . . . . . . . . . . . . . I 19 . . . . . . . . 13.19 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 20 13.20 Time of Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 13.21 Enforceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 13.22 Enurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12 1 111 13.23 Governing Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Schedule"A" -"Description of Premises" Schedule"B" -"Floor Plans of Building" Schedule"C" -"Site Plan of Premises" Schedule"D" -"Draft Sub-Lease and Licence to the Durham Region Community Care Association" Schedule`B" -"Draft Sub-Lease and Licence to the Lions Club of Bowmanville" 1219 DRAFT#9 January 26, 1999 THIS Lease is made as of the 1 st day of October, 1998 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the"Landlord") OF THE FIRST PART -and- CLARINGTON OLDER ADULT ASSOCIATION (hereinafter called the"Tenant") OF THE SECOND PART WHEREAS: A. The Landlord has agreed to Lease to the Tenant and the Tenant has agreed to Lease from the Landlord the lands and premises which are particularly described in Schedule "A" hereto (the "Premises")subject to the exclusions,terms and conditions set out in this Lease;and B, This Lease is authorized by By-law No. passed by the Council of The Corporation of the Municipality of Clarington on 1998, NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and agreements Hereinafter referred and contained on the parts of the Landlord and the Tenant hereinafter set forth, the Landlord Leases to the Tenant, subject to the reservation to the Landlord of the rights of access and entry onto the Premises set out below and subject to the provisions of the "Tennis Court Lease" (as hereafter defined), and the Tenant Leases from the Landlord,the Premises on the following terms and conditions. ARTICLE ONE PREMISES-. M OFFER AND USE 1.1 pJgmjs�S The Premises include(1)the interior areas of the building situated on the lands demised to the Tenant by this Lease(the`Building")which interior areas are outlined in red on the floor plans contained in Schedule "B hereto, and (2) the exterior areas outlined in green on the site plan contained in Schedule"C"hereto. The Premises do not include the structure of the Building,the exterior walls, bearing walls,fenestration and doors of the Building from their interior face, mechanical systems,the "HVAC System" (as hereafter defined), the electrical system, and the plumbing system within or serving the Building. Schedules"B"and"C"are not intended to be a representation by the Landlord shown as to the precise size or dimension of the Building or exterior area of the Premises or a representation as to any other aspect of the development of the lands demised to the Tenant by this Lease. 1220 Lease 2 1.2 Term The Term of this Lease shall commence on October 1;1998(the"Commencement Date")and sh terminate on the day which is ten (10) years after the Commencement Date unless the Term extended or renewed in accordance with the provisions of Section 11.1 of this Lease. 1.3 jig (a) Except as otherwise permitted by a sub-lease which the Landlord has consented or which is referred to in Section 8.2 of this Lease,throughout the Term of this Lease including any extensi( or renewal thereof,subject to the other provisions of this Lease,the Tenant shall use, permit or Buff each part of the Premises to be used only for the purposes of a social and activity centre for older adults who are fifty-five(55)years of age or older and are residents of the Municipality of Clarington ("Older Adults"). Notwithstanding the foregoing, the Tenant may licence the kitchen,bar,dining(% banquet hall, ballroom and meeting facilities shown on the floor plans contained in Schedule"P, hereto("Social Facilities")for use by any persons for a consideration whether or not such persons are Older Adults. (b) At all times throughout the Term including any extensions or renewals thereof, the Tenar shall continuously,actively and diligently carry out,cause, or suffer the use of the Premises and every part thereof in compliance with all applicable laws and the provisions of this Lease and shall not us- or occupy or permit or suffer the use or occupancy of the Premises or any part therefor for any othe purpose. The Tenant shall obtain all necessary permits or licences required by applicable law u:,.. respect of any use which the Tenant or any person who claims under the Tenant, may make or permit or suffer any other person to make of any part of the Premises. (e) The Tenant acknowledges and agrees that the Landlord shall not be responsible for any of the Tenant's costs,liabilities,or responsibilities in respect of employment contracts made by the Tenant with full-time or part-time employees of the Tenant or volunteers of the Tenant. None of the full time or part-time employees of the Tenant shall be considered or deemed to be employees of the Landlord for any purpose,and none of them shall be or be considered to be required or to be eligible to participate in the Ontario Municipal Employees Retirement System. Prior to hiring employees,the.- Tenant shall bring the content of this paragraph 1.3(c)to their attention. 1.4 NAM= The Tenant shall not commit,permit or suffer(i)any waste,damage or injury to the Premises or any part thereof, including,without limitation, the improvements, installations, fixtures and equipment located thereon or therein; (ii) any nuisance in or on the Premises or any part thereof; (iii) any overloading of any HVAC system, any utility, electrical system, plumbing system, mechanical equipment,or other facilities or systems within or serving the Premises;and(iv)any waste,damage or injury of the Premises or any part thereof or of any other systems serving the Premises or any part thereof. The Landlord in its sole discretion,acting reasonably, may determine whether the Tenant is in breach of any provision of this Section 1.4. ARTICLE TWO RM 2,I Rent nlld llnnic bent 1 Ill t lil It shl A by fllb Ld11didid by Ibls Luse cottlpllses"hasic kept" and"Additional kept". the Basic Rent is the capitalized sum of two ($2,00) dollars for the Term. The Landlord hereby acknowledges receipt of the Basic Rent for the Term of this Lease and any extension or renewal thereof. 1221 Lease 3- 2.2 Additional R n (a) In each and every year during the Term,as Additional Rent, the Tenant shall be responsible for and pay and discharge promptly when due all municipal taxes and levies, including all general upper-tier levies, all special upper-tier levies, and all education taxes or levies if applicable, all charges for utilities,including water,gas,oil, electrical power or energy, light, heat, air conditioning, telephone,steam or hot water used upon or in respect of the Premises or for fittings, machines, apparatus,meters or other things Leased in respect thereof,and for all work services performed by any corporation or commission in connection with such utilities. Without limiting the foregoing in any way,during the Term,the Tenant shall also be responsible for and shall pay promptly as Additional Rent the aggregate of all expenses and costs of every kind, without duplication, incurred by or on behalf of the Landlord for which the Tenant is responsible under the provisions of this Lease with respect to maintenance of the Premises and all insurance relating to the Premises required to be obtained by the Tenant, forthwith after the Tenant is given written notice by the Landlord's Property Manager requiring it to do so. (b) The Tenant shall(i)provide the Landlord within thirty(30)days after receipt of same any tax bills,assessments,utility charges and other notices regarding the foregoing and(ii) promptly deliver to the Landlord receipts evidencing the payment of all of the foregoing. If received by the Landlord, the Landlord shall promptly deliver to the Tenant any such tax bills,assessments,utility charges and other notices regarding the foregoing. Should any additional charges imposed by Government orders, regulations or legislation pose an undue hardship to the operation of the Tenant the Landlord agrees to open discussions on paragraph 2.2(a) in order to arrive at a mutually satisfactory agreement respecting the payment of Additional Rent. 2.3 Community('are O�eP F� tliti c T cahnln eanh Improvem= Forthwith after it receives each monthly payment of Rent under a Sub-Lease and Licences to Durham Region Community Care Association as referred to in Section 8.2 during the Term,the Tenant shall remit to the Landlord withaut deduction the amounts of Rent reserved by such Sub-Lease and Licence that are attributed by the Sub-Lease and Licence to the repayment of the cost to the Landlord of the construction and installation of the Leasehold Improvements described in Schedule"B"of the draft Sub-Lease and Licence contained in Schedule"D"hereto 2.4 Rent_ &gj2U Except as otherwise provided in this Lease, if the Tenant pays the Rent reserved hereby, fully performs all of its covenants and duties under this Lease and no Event of Default has occurred,the Tenant shall be entitled to peaceful and quiet enjoyment of the Premises for the Term without interruption or interference by the Landlord or any person claiming through the Landlord. ARTICLE MEE REPAIRS MAINT WAN AND A TFRA_ TT(1N� 3.1 Landlord'c�Repair (a) Except as otherwise provided in Section 3.2 respecting the Tenant's duty to maintain the Premises; the Landlord at all times throughout the Term shall repair and keep in repair (i) the structure of the Building including without limitation, its foundations, exterior walls,sub-floor, roof, exterior walls, bearing walls, structural columns and beams of the buildings, (ii) fenestration and doors,(iii)HVAC System,the electrical system,plumbing system, fixtures and equipment,other than Tenant's fixtures or equipment, located in or serving the Premises or any part thereof, as would a prudent owner of a reasonably similar building to the Building. 1222 Lease -4- (b) The Landlord shall not be responsible for any damage howsoever caused to the Tenant by reason of delays in the performance of any repairs for which the Landlord is responsible under this Lease. The Landlord shall have the right at any time to stop, interrupt or reduce any services facilities, systems or utilities provided to or serving the Premises, or any part thereof, to perfor° repairs,replacements,improvements, alterations, restoration,adjustments, calibrations or balancing or to comply with laws or regulations, or binding requirements of its insurers, or for causes beyond the Landlord's reasonable control or as a result of the Landlord exercising its duty under this provision in cases where the Landlord determines such is prudent or reasonably required. The Landlord shall not be in breach of any covenant for quiet enjoyment or liable for any injury,loss,costs or damages whatsoever,howsoever caused,whether direct or indirect,incurred by the Tenant due to any of the foregoing,and such shall not constitute a constructive or actual eviction or a re-entry or forfeiture (except where expressed by the Landlord in writing). The Landlord shall make reasonable efforts to restore the services, facilities, utilities or systems so stopped, interrupted or reduced. 3.2 Tenant's DiU to Maint^in The Tenant at all times throughout the Term shall heat the Premises between October 15th and April 1 st of each year of the Term of the Lease and any extension or renewal thereof and shall maintain the Premises in a satisfactory condition as determined by the Landlord, acting reasonably. Without limiting the foregoing,the Tenant shall keep the Premises in a clean condition,obtain at its expense janitorial services, remove snow from driveways and walkways on the Premises and from the sidewalks on the road allowances which abut any one or more parts of the Premises, maintain the gardens and remove waste from the Premises. 3.3 �oct o__ f RemgdvinE Tenant'e Def ult Additional Rent If the Tenant breaches its duty to maintain the Premises as provided in Section 3.2 for a period of fifteen (15) days after being given written notice by the Landlord specifying with reasonable particularity the breach(es)in question, in addition to the other remedies available to the Landlord under this Lease or under Me applicable law, the Landlord may enter on the Premises and perform the maintenance in question and notify the Tenant in writing of the cost of doing so. Any such cost shall be deemed to be and shall be payable by the Tenant to the Landlord as Additional Rent. 3.4 Prior Annroval RtQUired of T ninr,c qit ratiQn of Primius (a) No alteration shall be made to any part of the Premises by the Tenant or by a sub-lessee or licensee of any part of the Premises without the written approval of the Landlord's Property Manager being first obtained. The Tenant shall submit to the Landlord details of the proposed alterations, including,without limitation,plans, drawings and specifications prepared by qualified architects or engineers,if necessary,in conformity with the Landlord's then current building standards. All such alterations shall be performed (i) at the sole cost of the Tenant, (ii) by contractors and workmen designated, provided or approved by the Landlord, (iii) in a good and workmanlike manner,(iv)in accordance with plans,drawings and specifications approved in writing by the Landlord and, where required, by other authorities having jurisdiction, (v) in satisfaction of all applicable legal and insurance requirements,(vi)subject to reasonable regulation, supervision,control and inspection by the Landlord, and (vii) only after there is provided to the Landlord such indemnification against constriction Hens and evidence of such additional Tenant's insurance as the Landlord may reasonably require. (b) K in the Landlord's opinion any alterations or maintenance would affect the structure of the building on the Premises,or any part thereof, or any of the HVAC System or electrical, plumbing or mechanical equipment, facilities or systems or other base building equipment, facilities or systems, then at the option of the Landlord,such work shall be performed by the Landlord at the Tenant's cost. On completion of such work, the Tenant shall pay to the Landlord the cost of such work, as determined by the Landlord as Additional Rent. No alteration to the Premises by or on behalf of the Tenant shall be permitted which may weaken or endanger the structure of or adversely affect the 1223 Lease -5- condition of the Premises or building or any part thereof located thereon in the sole opinion of the Landlord,acting reasonably. (c) The Landlord's approval of any alterations or plans, drawings or specifications with respect thereto shall not constitute a waiver by the Landlord of the Tenant's obligations herein to comply with all laws and all requirements of all authorities with respect to such alterations, nor shall the Landlord's approval constitute an acknowledgment or agreement by the Landlord that such laws and requirements have been complied with. 3.5 Construction Liens The Tenant shall promptly pay for all materials and services supplied and work done on its behalf in respect of the Premises so as to ensure that no claim for lien under the Construction Lien Act is registered against any portion of the Premises or against the Landlord's or Tenant's interest therein. If claim for lien is registered on title or filed with the Landlord's Clerk, the Tenant shall discharge it at its expense within twenty(20)days thereafter, failing which the Landlord, at its option, may discharge the lien by paying the amount claimed to be due into court or directly to the lien claimant and the amount so paid. All expenses of the Landlord including, without limitation, legal fees(on a solicitor and his client basis)shall be paid by the Tenant to the Landlord on demand as Additional Rent. 3.6 Notice of Accidents,eta The Tenant shall promptly notify the Landlord of any accident, defect, damage or deficiency (including,without limitation,any existence, discharge, spillage or leakage of any hazardous or toxic substances or any notice to the Tenant in connection therewith) in or on any part of the Premises which comes to the attention of the Tenant, its employees or contractors notwithstanding that the Landlord may have no obligation in respect thereof. i ARIICLE FOUR REMOVAL OF TENANT'S FIXTURES AND EOUMMENT 4.1 Right to Remov Fixt�r c etr During the Term or on its expiration,when it is not in default of performance of any of its covenants under this Lease, the Tenant at its cost may remove Tenant's fixtures, equipment and personal property from the Premises provided that the Tenant at its cost shall restore Premises by making good any damage that has occurred to the Premises either by the installation of Tenant's fixtures, equipment or personal property or by the removal of any of them from any part of the Premises. If the Tenant does not remove its fixtures, equipment and personal property from the Premises at the expiry of the Term, they shall become the absolute property of the Landlord without prior notice being given to the Tenant or compensation therefore being paid by the Landlord to the Tenant, and the Landlord shall be free to use or to dispose of the same and to appropriate the proceeds of disposal to the Landlord's own use absolutely. The Landlord's rights and the Tenant's duties under this Section 4.1 shall survive the expiry or earlier termination of the Term and any extension or renewal thereof. f ARTICLE FIVE ACCESS AND ENTRY 5,1 Access to Premises (a) Without limiting any other right which the Landlord may have pursuant to this Lease or at law,the Landlord shall have the right,but not the obligation,following reasonable written notice to 1224 Lease I 6,4 Failure to PrQyWc Insurance The cost or premium for each and every such policy shall be paid by the Tenant prior to the due da- therefor.If the Tenant fails to take out or maintain such insurance or fails to provide to the Landoodns such certified copies of insurance and certificates of insurance as herein required, or if any such insurance is not acceptable to the Landlord's Treasurer (and if the Tenant fails to commence to diligently rectify and thereafter proceed to diligently rectify the situation within forty-eight(48)hour-al after written notice by the Landlord to the Tenant(stating, if the Landlord, from time to time,doer k not approve of such insurance,the reasons therefor)),then the Landlord shall have the fight,but not the obligation,to do so,to pay the cost or premium therefor,without prejudice to any other right- or remedies of the Landlord under this Lease or at law,and in such event the Tenant shall repay tpn the Landlord the amount so paid as Additional Rent. n a 6.5 Indemnity Notwithstanding any other provision of this Lease,the Tenant shall indemnify the Landlord and al, of its agents, officers, employees, contractors, consultants, workers and persons for whom the Landlord is in law responsible(collectively in this Section 6.3 and in Section 6.4 called"Landlord'; Employees")and shall hold them and each of them harmless from and against any and all liabilitiesw( actions,proceeding,damages,claims, losses(including,without limitation, indirect or consequential damages that may be suffered or sustained by the Landlord or any of the Landlord's Employees and loss of Rent and all other amounts payable by the Tenant under this Lease)and expenses(including without limitation, all legal fees and disbursements) that is not caused by the negligence of th�on Landlord or any person for whose acts or omissions the Landlord is responsible in law,whatsoever, howsoever arising from or out of this Lease, and without limiting the generality of the foregoing howsoever caused by,due to,arising from, or to the extent contributed to by any of the following;, 3tr (i) any breach or default by the Tenant of or under any of the provisions of this Lease; iou (ii) any lien under the Construction Lien Act,R.S.O. 1990,c.30 as amended from time to timeA( respecting the Premises; any act or omission of the Tenant or any other person on or pennitted on the Premises, or any✓itl use or occupancy of, or any articles in, the Premises or any part thereof, or any use or o occupancy of any other part of the Building or the Lands by the Tenant or any of its agents, employees,invitees,licensees,sub-tenants,assignees,concessionaires, contractors or persons-.- for whom the Tenant is in law responsible(collectively in this Section 6.3 and in Section 6.4 called"Tenant's Employees"); (iv) any act or omission of the Tenant or any of the Tenant's Employees on the Premises o0ri' elsewhere in, on or about the Premises or any part thereof; es, (v) any injury,personal discomfort,illness,death or loss,costs,expenses or damages whatsoever, direct or indirect or consequential, however caused or arising(1)to persons or property of the Tenant or any of the Tenant's Employees or any other persons in, on or about the Building or the Lands or any part thereof by or with the invitation, licence or consent of the Tenant and/or (II) which is excluded from the Landlord's liability or responsibility under Section 6.6(b); to (vi) any accident or occurrence in,on or at the Premises including, without limitation, any such accident or occurrence causing injury or death to any person or damage to property or any to other loss or injury whatsoever provided that the accident or occurrence does not result from'e. the negligence of the Landlord or an act or omission of any person for whom the Landlord is responsible in law;and/or (vii) any damage,destruction or need of repair or replacement to any part of, or otherwise relating to,the Premises or any other part of the Building, or any damages incurred by the Landlord Ii 1227 Lease or by any occupant of the Building or any part thereof,caused by any act or omission of the Tenant or any of the Tenant's Employees,notwithstanding any other provisions of this Lease. If the Landlord,without fault on its part,is made a party to litigation commenced by or against the Tenant,the Tenant shall indemnify and hold harmless the Landlord from and against all legal and other costs. The Landlord,at its option,may participate in,or assume carriage of,any litigation or settlement discussions relating to the foregoing,or any other matter for which the Tenant is required to indemnify the Landlord under this Lease. Alternatively,the Landlord may require the Tenant to assume carriage of and responsibility for all or any part of such litigation or discussions. The Tenant shall pay all legal costs incurred or paid by the Landlord in enforcing the provisions of this Lease. For greater certainty the Tenant's obligations contained in this Section 6.5 shall survive the expiration or earlier termination of the Term and any extension or renewal thereof. 6.6 Responsibility for i.ncc or Damag: The provisions of this Section 6.4 shall govern notwithstanding any other provision of this Lease. (a) Except where the Landlord or a person for whose acts or omissions the Landlord is responsible in law,is negligent,the Landlord shall not be liable for any death or injury arising from or out of any occurrence whatsoever in,upon,at or relating to the Premises, or any part thereof,or damage to property of the Tenant or of others located on the Premises, from any cause whatsoever, nor shall the Landlord be responsible for any loss of or damage to any property of the Tenant, Tenant's Employees,or others from any cause whatsoever other than the negligence of the Tenant or a person for whose acts or omissions the Tenant is responsible in law, nor shall the Landlord be responsible for any indirect or consequential damages that may be suffered or sustained by the Tenant or any others from any cause whatsoever. (b) Without limiting the generality of the foregoing, except when the Landlord or a person for whose acts or omissions the Landlord is responsible in law, is negligent, the Landlord shall not be liable or responsible in any way for any death, injury (including, without limitation, personal discomfort or illness)loss, damage or damages of or to persons or property resulting, directly or indirectly,from any of the following;(i)fire,explosion,theft,breakage,falling plaster,falling ceiling tile,falling fixtures,steam,gas,electricity,water, rain,flood, ice, snow or leaks into, in or from any part of the Premises or from any pipes(including, without limitation, water, steam, sprinkler and drainage pipes),sprinklers,appliances,drainage or plumbing works, roof, windows or exterior walls or subsurface of any floor or ceiling of the Premises or any part thereof, or from the street or any other,source or place whatsoever,or by dampness,or by the existence, discharge, spillage or leakage of hazardous or toxic substances, or by any other cause whatsoever; (ii) any suspension, non-operation,failure,reduction,interruption or failure to supply or perform, for any reason or for any period of time, of or in any of the services, equipment, facilities, the electrical system, the plumbing system,the HVAC System,utilities or any services within or serving the Premises,or any part thereof,('iii)delays in the performance of any repairs, replacements, maintenance or restoration for which the Landlord is responsible under this Lease;(iv)incurred by reason of the Landlord or any of the Landlord's Employees entering upon the Premises to undertake any examination thereof or any work or cleaning or performance of other services therein;(v)incurred by reason of the supply or performance of any janitorial,pest extermination or security obligations or services in any part of the Premises;or(vi)by reason of inconvenience, annoyance or injury to business arising from the Landlord,the Tenant or any others making or failing to diligently make,for whatever reason or cause, any repairs,alterations,additions,renovations,improvements or restorations in or to any part of the Premises. (c) The Landlord shall not be liable or responsible in any way for any such death, injury,loss or damage caused by other tenants,occupants or persons on or in the Premises, or any part thereof or by any occupants of any adjacent property thereto. (d) All property of the Tenant or of any of the Tenant's Employees kept or stored on the Premises (including without limitation,all Leasehold Improvements Leased by the Tenant herein)shall be so kept or stored at the sole risk of the Tenant, and the Tenant releases and agrees to indemnify the 1228 Lease -10- Landlord and save it harmless from and against any claims arising out of any loss of or damage to such property, including,without limitation, any subrogation claims by the Tenant's or any others' insurers, and the Tenant shall make all claims for loss, damage or destruction of or to any suc property against the policies of insurance required to be maintained by the Tenant under this Lease 6.7 Benefit of Indemnity'Every indemnity,indemnity,hold harmless provision,release and exclusion of liability herein contained for th benefit of the Landlord and every waiver of subrogation for the benefit of the Landlord contained in-- any insurance policy maintained by the Tenant shall survive the expiration or earlier termination o` the Term and any extension or renewal thereof and shall extend to and benefit the Landlord, it! officers,employees and those for whom such persons are responsible in law. Solely for such purpose, and to the extent that the Landlord expressly chooses to enforce the benefit of this Section for any or all of such persons,it is agreed that the Landlord is the agent or trustee for such persons. No sucl indemnity,hold harmless provision, release or exclusion of liability or waiver of subrogation for tht benefit of the Landlord shall be deemed to impose or imply any obligation, responsibility or liability whatsoever on the Landlord, including,without limitation, any obligation to perform or do any act or thing, except to the extent any such obligation, responsibility or liability of the Landlord is expressly provided for under this Lease. 6.8 DARZMULUIC The Tenant shall not do, omit or permit anything which will increase the cost of the Landlord insurance or render any insurance on or relating to the Premises subject to cancellation. The Tenant shall pay to the Landlord forthwith after written notice is given of the Landlord demand for payment, the amount of any increase in the cost of insurance caused by anything so done,omitted or permitted as Additional Rent. ARTI :LE SEVEN I2ALVIAGE AND DESTRUCTION 7.1 I2amaEe to Building If the Building or any part thereof, is damaged or destroyed, in whole or in part, by fire or any other occurrence,then(i)this Lease shall nonetheless continue in full force and effect, (ii)there shall be no abatement of any Rent except to the extent expressly provided in this Article, (iii) the following , provisions of this Article shall apply and (iv) notwithstanding any receipt by the Landlord of any insurance proceeds,and notwithstanding any provision of this Lease or obligation or requirement at law, in equity or by statute to the contrary, the obligations of the Landlord to repair or to provide services or utilities,if any, or to perform"Restoration"(as hereafter defined) under this Lease shall be subject to the provisions of this Article,and shall be limited to the extent to which the Landlord is required to be insured under this Lease or is otherwise insured. 7.2 Insured Damag to or Destr o i l din2 If damage to or destruction of the Building is caused by an occurrence against which, and to not more than the extent that the Landlord is otherwise insured (the "Insured Damage"), and if(i) in the "Architect's"(as hereafter defined)opinion,such Insured Damage is such as to render the whole or any part of the Premises unusable or unsafe for the purpose of the Tenant's use and occupancy and the Restoration of the Premises is not capable of being completed with reasonable diligence within one hundred and eighty(180)days following such occurrence, or(ii)any authority,requires that the Building be demolished or substantially demolished prior to any Restoration,then the Landlord may elect to termnate this Lease by giving written notice to the Tenant within sixty(60)days after such occurrence. If the Landlord does not so elect to terminate this Lease, the Landlord shall diligently perform the Restoration of the Building to the extent of its obligations pursuant to Section 7.6. 1229 Lease 11- 7.3 Uninsured Damage to Premi= If there is damage to or destruction of the Building and, in the Architect's opinion, (i)such damage or destruction is caused by an occurrence against which the Landlord is not insured or required to insure or the cost of Restoration of which would be in excess of the extent to which the Landlord is required to insure pursuant hereto or is otherwise insured or(ii)the Restoration of the Building is not capable of being completed within sixty (60) days following the occurrence of such damage or destruction and such damage or destruction occurs within two(2)years prior to the expiry of the Term or any extension or renewal thereof and either there are no remaining rights in any party hereto to extend or renew this Lease or any party having the right to extend or renew this Lease fails to do so within fifteen(15)days after such occurrence,then the Landlord may elect to terminate this Lease by giving written notice to the Tenant within thirty(30)days after such occurrence. If the Landlord does not so elect to terminate this Lease,the Landlord shall diligently perform the Restoration of the Building to the extent of its`obligations pursuant to Section 7.6. 7.4 Termination of T•f`acP Aft r D ctru tion or Damage to B_ u_lding If(i)in the Architect's opinion,Restoration of any portion of the Building which affects access or services essential to the Building is not capable of being completed with reasonable diligence within one hundred and eighty (180) days following the occurrence of damage or destruction to such portions or(ii)any authority requires that the Building be demolished or substantially demolished prior to any Restoration following damage or destruction to the Building or any part thereof,in any such case whether such damage or destruction is a direct or indirect result of any occurrence of cause whatsoever, whether or not such occurrence or cause is insured, and whether or not there is any damage to or destruction of the Building then the Landlord may elect to terminate this Lease by giving written notice to the Tenant within sixty(60) days after such cause or occurrence. If the Landlord does not so elect to terminate this Lease,subject to Sections 7.2 and 7.3, the Landlord shall diligently perform the Restoration of the Building to the extent of its obligations pursuant to Section 7.6. 7.5 Actions Following-Termination If the Landlord elects to terminate this Lease under this Article by giving written notice to the Tenant, then, notwithstanding the receipt by the Landlord of any insurance proceeds, (i) this Lease shall terminate on the date that such notice is given,(ii)the Tenant shall immediately vacate and surrender possession of the Premises and(iii)all Rent accreted to such termination date shall be apportioned and promptly paid without any right of the Tenant to any abatement, deduction, counterclaim, set-off, compensation or reduction whatsoever. 7.6 Restoration of B gilding If a Not T rminat d If this Lease is not terminated as provided in this Article, the Landlord, to the extent of the insurance proceeds which the Landlord receives,shall proceed to perform such Restoration of the Building limited to the extent of its express obligations under this Lease. The obligation of the Landlord with respect to Restoration of the Building following any damage or destruction under this Article shall be performed in accordance with all applicable obligations contained herein with reasonable diligence. 7.7 Restoration of B�iiding and Incur�n Proceeds (a) If there is damage or destruction to the Building, or any part thereof, and if this Lease is not terminated pursuant to this Article,the Landlord, in performing the Restoration of the Building,or any part thereof as required hereby,shall not be obliged to perform such Restoration in accordance with the plans,drawings or specifications for the Building,or any part thereof,as they existed prior to such damage or destruction,but the Landlord may perform such Restoration in accordance with any plans,drawings and specifications chosen by the Landlord in its sole discretion, acting reasonably. Without limiting the generality of the foregoing, the Landlord after consulting with the Tenant shall be entitled to demolish and rebuild the Building, or any part thereof. 1230 Lease 12- (b) The proceeds of insurance, which is required to be maintained by the Tenant and which insurance is required to name the Landlord as an insured person shall be and are hereby assigned and made payable to the Landlord. If the Tenant receives any such insurance proceeds, the Tenant sha receive and hold such proceeds in trust for the Landlord and shall promptly deliver them to th Landlord. If such proceeds shall have been paid to the Landlord: (A) if this Lease has not been terminated pursuant to this Article 7, any surplus remaining after the costs of completion of th^ Restoration of the Building has been paid,shall be paid to the Tenant to the extent that such surplu does not exceed the value of any Tenant's fixtures or personal property on the Premises and to thy, extent that such surplus is not required to discharge any debt owed by the Tenant to the Landlord or to remedy any default of the Tenant under this Lease; and (B) if this Lease has been terminate pursuant to this Article 7 such proceeds shall be paid to the Tenant to the extent that they do no exceed the value of any Tenant's fixtures or personal property on the Premises and such proceeds are not required to discharge any debt owed by the Tenant to Landlord or to remedy any default of the Tenant under this Lease. 7.8 DeterminatiQ of Matters For the purposes of this Article, the date of any damage or destruction, the determination of anc extent to which any area(s) of the Building are damaged, destroyed, rendered unsafe or are no capable of being used,the times within which Restoration of the Building may be made and the date that it is completed or substantially completed shall be determined by the Architect in its sole discretion, such determination to be final and binding on the parties. 7.9 Limitation of L_ .iability Notwithstanding any other provision of this Lease, the Landlord shall not be liable for any damages, direct, indirect or consequential, of any nature whatsoever, (including, without limitation, loss of business income or other economic loss to the Tenant), of the Tenant or its clerks, employees, customers, suppliers, sub-tenants, licensees or other persons dealing directly or indirectly with the Tenant or for whom the Tenant is in law responsible arising out of the failure for any cause whatsoever of the Landlord or others to perform or complete Restoration of the Building, or any part thereof,within any period of time following the occurrence of damage or destruction contemplated by this Article,and the Tenant shall indemnify and save harmless the Landlord from and against all such damages. ARTICLE EIGHT ASSIGNMENT SUB EASE AND LICENCE 8.1 Concept RM sir d Except as provided in Section 8.2, the Tenant shall not assign this Lease, or sub-let, or licence any person to use the whole or any portion of the Premises without first obtaining the consent of the Landlord,which consent may be unreasonably withheld. 8.2 Consent Granted for main t b aQPS and Licences The Landlord hereby grants its consent to the following actions of the Tenant: (a) the Sub-Lease and Licence by the Tenant to Durham Region Community Care Association of part of the Premises in accordance with the terms and conditions of the draft Sub-Lease and Licence contained in Schedule"D"hereto; (b) the Sub-Lease and Licence by the Tenant to The Lions Club of Bowmanville if substantially in accordance with the terms and conditions of the draft Sub-Lease and Licence contained in Schedule"E"hereto;and 1231 Lease _13_ (c) periodic licences of any one or more parts of the Social Facilities shown on the floor plans contained in Schedule`B"hereto,or any part thereof which are granted by the Tenant for specified events to members of non-profit groups or to individuals who are financially responsible on such terms and conditions as the Tenant may require, provided that no signs are placed on any portion of the Premises by any such licensees. ARTICLE NINE DEFAULT 9.1 Events of Defa" (a) The occurrence of any of the following events("Events of Default") shall be deemed a default ("Default')under this Lease if and whenever: (i) the Tenant fails to pay any Rent promptly when due, provided that the Landlord first gives the Tenant thirty(30)days written notice of any such failure and the default is not remedied on or before the end of such period; the Tenant fails to rectify any failure of the Tenant to comply with good management and accounting principles and practices in the management, use or operation of the Premises as recommended in writing by the Municipality's auditor, and such failure remains uncorrected or unremedied after thirty(30)days following the day on which such recommendation is given to the Tenant; (iii) the Tenant fails to observe or perform any other term, covenant, condition, or obligation under this Lease that is capable of remedy, other than a default in payment of Rent,and such default remains unremedied after thirty(30)days following written notice given by the Landlord to the Tenant specifying such default and requiring the Tenant to remedy the same, provided that if the Tenant has taken substantive steps to remedy the default within such thirty(30)day period and is proceeding in good faith to complete remedying the default as quickly as is reasonably practicable,such period shall be deemed to expire one(1)day after the default has been remedied; (iv) the Tenant fails to observe and perform any other term, covenant, condition or obligation under this Lease that is not capable of remedy; (v) the Tenant makes an assignment for the benefit of its creditors generally, or if the Tenant is declared bankrupt or insolvent,or if a petition in bankruptcy is filed against the Tenant,or if the Tenant files an assignment in bankruptcy or takes or attempts to take the advantage of any legislation for relief of bankrupt or insolvent debtors,or if a receiver or a receiver and manager is appointed for all or a portion of the Tenant's property,or if any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including,without limitation,any court or governmental body of competent jurisdiction for the dissolution, winding-up, discharged or abandoned;and (vi) the Premises become and remain vacant for a period of fourteen (14) consecutive days. 9.2 Right of Re-Entry Without derogating from the provisions of this Lease,upon a Default occurring, at the option of the Landlord,the Landlord, in addition to any other remedy or right it may have,and without notice or any form of legal process,may forthwith re-enter upon and take possession of the Premises without thereby terminating this Lease and remove and sell the Tenant's goods, chattels, equipment and Tenant's fixtures therefrom,any rule of law or equity to the contrary notwithstanding. The Landlord 1232 Lease -14- may seize and sell such goods,chattels, equipment and Tenant's fixtures of the Tenant as are in t.. a Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord , is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord public auction or otherwise,and either in bulk or by individual item,or partly by one means and par, by another,all as the Landlord in its sole discretion may decide. 9.3 I. LExnense�to Recov r Po session If legal action is brought for recovery of possession of the Premises,for the recovery of Rent, or any other amount due under this Lease, or because of the breach of any other terms, covenants conditions herein contained on the part of the Tenant to be kept or performed, and a breach established,the Tenant shall pay to the Landlord all reasonable expenses incurred therefor, includir.D a solicitor's fee(on a solicitor and his client basis), unless a Court shall otherwise award. 9.4 Right of Termination In addition to all rights and remedies of the Landlord available to it by any provisions of this Lease or given by law to the Landlord,the Tenant agrees that upon a Default occurring,the Landlord sh, have the right to terminate this Lease by giving notice in writing to the Tenant. Upon such notir being given, this Lease shall terminate immediately without the necessity of any legal proceeding;,;, whatsoever. The Tenant shall thereupon within three (3) days after the notice is given quit and surrender the Premises to the Landlord,and the Landlord,its agents, contractors and employees she have the right to enter the Premises and dispossess the Tenant and remove any persons or proper,, therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. 9.5 Right to Re_ =jd If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law,th Landlord, without limiting its right to recover damages, may either terminate this Lease, or th Landlord may from time to time without terminating the Tenant's obligations under this Lease, make , any alterations and repairs considered necessary by the Landlord to facilitate a reletting and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental c rentals and upon such other terms and conditions as the Landlord in its reasonable discretio considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied(i)to the payment of indebtedness other than Rent due hereunder fror^ the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting includin brokerage fees,legal fees and costs of the alterations and repairs and(iii)to the payment of Rent du. and unpaid hereunder. The residue, if any, will be held by the Landlord and applied in payment of.. future rent as it becomes due and payable. If the rent received from the reletting is less than the Rer to be paid by the Tenant, the Tenant shall pay the deficiency to the Landlord. No re-entry by th Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to the Tenant. Despite a reletting without termination,the Landlord may elect at any time to terminate this Lease for a previous breach. 9.6 Separate Remedi The Landlord may from time to time resort to any or all of the rights and remedies available to it upoi a Default occurring,either by any provision of this Lease or by statute or by the general law,each o, such rights and remedies being intended to he cnmiilntive and not alternative and Path may h� rat�tolprd urn��inlly rn In aunibinnllon 1233 Lease -15- ARTICLE TEN TENNIS COURT LEASE 10.1 Assignment of Tennis Court Lease This Lease is subject to the Lease of the Tennis Court identified on the site plan of the Premises contained in Schedule "C" hereto which was made by The Lions Club of Bowmanville to the Bowmanville Tennis Club and is dated January 1, 1988(the"Tennis Court Lease"). The Landlord hereby assigns its rights under the Tennis Court Lease to the Tenant for the Term and any extension or renewal of this Lease,and the Tenant hereby accepts such assignment. i ARTICLE ELEVEN EXTENSION OR RENEWAL 11.1 Option to Extend or Renew Lease If the Tenant punctually pays the Rent reserved hereby and all other moneys required to be paid by the Tenant or to any person by this Lease,fully performs all of its covenants and duties in accordance with the provisions of this Lease,and no Default has occurred during the Term or during an extension or renewal of this Lease,not later than six(6) months pfior to the date of termination of the Term or of the then current extension or renewal of this Lease,the Tenant may give the Landlord written notice that it has exercised this option to extend or renew this Lease for a further term of five(5) years on the same terms, conditions, covenants and provisions as set out in this Lease with the exception of the duration of the Term, provided that the Tenant's option under to extend or renew under this Section shall terminate and be of no further force or effect when the Tenant has extended or renewed this Lease on not more than two (2) occasions. For the avoidance of doubt, the maximum duration of the Term and any extension or renewal of this Lease shall not exceed a total of twenty(20)years commencing on the Commencement Date. If the Tenant does not give the Landlord written notice that it has exercised its option to extend or renew this Lease as provided in this Section the Tenant shall have no further right to exercise the option to extend or renew this Lease,and the Landlord shall be under no obligation to grant a renewal or extension of this Lease. ARTICLE TWELVE FINANCIAL AFFAIRS AND MANAGEMENT 12.1 Financial Records t (1) On or before the Commencement Date and thereafter during the Term and any extension or renewal of this Lease: (a) the Tenant shall establish March 31 st and thereafter the Tenant shall maintain March 31st as its financial year end until the termination of this Lease, (b) the Tenant shall establish and maintain in accordance with good accounting principles satisfactory to the Municipality's auditor proper bank accounts and records for all funds received by the Tenant,and all bookkeeping and accounting systems and records and supporting vouchers and documentation; (c) the Tenant shall record serially all of the Tenant's revenues and receipts and all of the Tenant's disbursements for each financial year of the Tenant; (d) not later than June 30th in each year of the Term and any extension or renewal of this Lease,the Tenant shall file with the Municipality's Treasurer financial statements which shall have 1234 Lease _]g_ in the last full twelve(I2) month Rental Year of the Term; and otherwise, upon the same terms,ler covenants and conditions as are set forth in this Lease(including the payment of all Additional Rent), so far as these are applicable to a monthly tenancy. em 13.8 $gjur (a) Notwithstanding anything contained in any statute now or hereafter in force limiting or abrogating the right of distress,none of the goods, chattels or Tenant's fixtures on the Premises at le any time during the Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord or if any action is brought to test the right of the Landlord to levy upon any such goods as are so exempted,this Lease 1di may be pleaded as an estoppel against the Tenant,the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute but for this Lease. IM 01 (b) Failure of the Landlord to insist upon the performance of any such covenant or condition of'�� this Lease or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant,condition,right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless in writing and signed by duly authorized persons on behalf of the Landlord. (c) All Rent to be paid by the Tenant to the Landlord shall be paid without any deduction, ;ee abatement,set-off or compensation whatsoever. nai 13.9 Distress Notwithstanding any provision of this Lease or any provision of applicable legislation, none of the goods and chattels of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for Rent in arrears,and the Tenant waives any such exemption. If the Landlord makes tat any claim against the goods and chattels of the Tenant by way of distress, this provision may be pleaded as an estoppel against the Tenant in any action brought to test the right of the Landlord to levy such distress. 13.10 Rules Regarding IIse of Premsgy i The Landlord's Property Manager from time to time may give the Tenant written notice of rules regarding the use of the Premises which shall be deemed to be part of this Lease as if contained in it. The Tenant agrees to comply with such rules during the Term of this Lease and any extension or renewal thereof. dl( 13.11 Premises to b SMDA.Fre The Tenant shall not permit or suffer any person to smoke a tobacco product anywhere in the Building, us vat 13.12 Costs .The Tenant shall pay to the Landlord as Additional Rent all damages and costs(including,without nd limitation, all legal fees on a solicitor and its client basis)incurred by the Landlord in enforcing the terms of this Lease,or with respect to any matter or thing which is the obligation of the Tenant under this Lease, or in respect of which the Tenant has agreed to insure or to indemnify the Landlord. 13.13 Set-Off and Accord and Satisfaction The Tenant hereby waives the benefit of any statutory or other rights in respect of abatement, tes reduction,set-old counterclaim,demand,deduction or compensation in its favour at the time hereof 101 and at any future time. No endorsement or statement on any cheque or any letter accompanying any cheque or payment as Rent shall be deemed an acknowledgement by the Landlord of full payment, 1237 Lease _19- or an accord and satisfaction, and the Landlord may accept and cash any such cheque or payment without prejudice to the Landlord's right to recover the balance of such Rent or pursue any other right or remedy provided in this Lease or at law, in equity or by statute. The Landlord may apply or allocate any sums received from or due to the Tenant against any amounts due and payable under this Lease in such manner as the Landlord,acting reasonably, sees fit. 13.14 Attthority of Landlord etc, (1) The Tenant acknowledges and agrees that the Landlord has authority to enter into this Agreement,that every provision hereof is authorized by the law and is fully enforceable by the parties, and that this Lease made by the Landlord in reliance on the acknowledgement and agreement of the Tenant as aforesaid. (2) The Tenant acknowledges and agrees that the Landlord shall not be responsible for any debts incurred by the Tenant or by any person for whose conduct the Tenant is responsible in law. The Tenant shall not represent or suffer or permit anyone to represent to any person that the Landlord will be responsible for payment of any debt incurred or to be incurred by the Tenant. 13.15 Parties to Act in ood Frith At all times during the Term of this Lease and any extension or renewal thereof, the Parties shall act in good faith in exercising their respective rights and in performing their respective duties under this Lease. 13.16 Landlord's Propey Manager The Landlord's Property Manager, on the Landlord's behalf, shall be responsible for reviewing the Tenant's compliance or non-compliance with the provisions of this Lease and reporting on the same from time to time to the Landlord, provided that nothing contained in this paragraph 13.16 shall be deemed to derogate from the provisions of Article Twelve of this Lease. 13.17 Landlord's or T n nt's Issues The Tenant may appear as a disputant at meetings of the Landlord's Council or its General Purpose and Administration Committee, provided that the Landlord's Rules of Procedures in that regard are complied with. 'The Landlord and Tenant shall act cooperatively and in good faith to resolve expeditiously issues that the Landlord, the Landlord's Property Manager or the Tenant may raise. At all times the Landlord,the Landlord's Property Manager and the Tenant shall receive complaints or suggestions respecting the Premises and their operation and use courteously and seek to address them efficiently. 13.18 Notices If any notice or other document is required to be or may be given by the Landlord or by any official of the Landlord to the Tenant or by the Tenant to the Landlord under this Lease, such notice shall be transmitted by telefax, mailed by first class prepaid post or delivered to: The Landlord: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention• Pro e) rty Manager If by telecopier to: (905)623-5 717 1238 Lease -20- The Tenant: Clarington Older Adult Association 26 Beech Avenue Bowmanville, Ontario L1C 3A6 If by telecopier to: (905)697-9659 or such other address of which the Landlord or the Tenant has notified the other in writing. Any suc.. .; notice so mailed or delivered shall be deemed good and sufficient notice under the terms of this Lease and shall be effective from the date which it is so mailed or delivered. Any notice transmitted b telefax shall be effective from the date that it is telefaxed. 13.19 Force Maj ure Notwithstanding anything to the contrary contained in this Lease, if the Tenant is bona fide delayer or hindered in or prevented from the performance of any term, covenant or act required hereunder by reason of strikes; labour troubles; inability to procure materials or services; power failure- restrictive governmental laws or regulations;riots; insurrection; sabotage; rebellion; war;act of God or other reason whether of a like nature or not which is not the fault of the Tenant, then performanc_ of such term, covenant or act is excused for the period of the delay and the Tenant shall be entitled to perform such term, covenant or act within the appropriate time period after the expiration of the period of such delay. However,the provisions of this paragraph do not operate to excuse the Tenan from the prompt payment of Basic Rent, Additional Rent or any other payments required by this Lease. 13.20 Time of Essence Time shall be of the essence in all respects of this Lease and every part of it. 13.21 Enforceability If any term, covenant or condition of this Lease or the application thereof to any person o; circumstance is to any extent held or rendered invalid,unenforceable or illegal,the remainder of thi: Lease or the application of such term, covenant or condition to persons or circumstances other than those with respect to which it is held invalid, unenforceable or illegal is not affected thereby and continues to be applicable and enforceable to the fullest extent permitted by law 13.22 Enurement This Lease shall enure to the benefit of and be binding upon the parties hereto, their successors anc assigns,provided that no rights shall enure to the benefit of an assignee of this Lease or a sub-tenan of any portion of the Premises unless the provisions of Section 8.1 are complied with. 13.23 Governing Law This Lease shall be interpreted,governed and enforced in accordance with the laws of the Province of Ontario, Canada. 1239 Lease -21- IN WITNESS WHEREOF the Landlord and the Tenant have duly executed and unconditionally delivered this Lease as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Mayor By: Clerk CLARINGTON OLDER ADULT ASSOCIATION By: Name: Title: By: Name: Title: 1240 SCHEDULE "A" DESCRIPTION OF PREMISES Part of Lot 23,Plan H-50079,being Part of Lot 11, Concession 1,and Part of Lots 226, 227 and 228,Block"H",Bowman Estate Plan, being Part of Lot 12, Concession 1, in the Municipality of Clarington(formerly in the Town of Bowmanville), in the Regional Municipality of Durham,now designated as Part 1 on Reference Plan 40R-14445. SAVE AND EXCEPT Parts 1 and 2 on Reference Plan 40R-17952 as previously described in Instrument Numbers 48612, 12220 and N26121. 1241 SCHEDULE "B" FLOOR PLANS OF BUILDIN a Jill >! 6 L Y y g I ! ! ! d : i.. .......=•. 7 t i t. � ( 9 t a i �9 i-----• ._. ! ..... IWO sk i m � t ( ( � �' �i � € it cS !�i'E a�i !�� ►i3�� .ice tet ct z 1242 P' I I it _---------o I o ----- --•----- fill x i I a r f �.;jt Pill,! — ! ---� - NOW i I j I j Se� o—•--•' ! � ins ! : 0 --�• I ................................................ ...._..................._........... I ; I - 1243 SCHEDULE !1 SITE PLAN OF PREMISES t �Et pi _ a n N a n Vif� .—.�...—.—.—._.—.—.—.L ------ i t Y • fa�� „ �u l I �� ; •i i�i �' ' � / ' Z j j p u 'e f ly fF J ! t c Z ` --------------------h------------ - ., - } --- L -77 f i — ---------- . 3 ell L Z•z 1 O'"f °r Ib Q3� �� 9 job >JebF� t i$ tftf If • 12 � SCHEDULE "D" DRAFT SUB-LEASE TO THE DURHAM REGION COMMUNITY CARE ASSOCIATIQN X245 SCHEDULE "E" DRAFT UB-LEA E AND LICENCE TO THE LIONS CLUB OF BOWMANVILLE 1246